Pramod Mehta @ Pramod Singh v. Electricity Board through Chairman, Bihar Electricity Board, Patna
2013-03-13
BIRENDRA PRASAD VERMA
body2013
DigiLaw.ai
ORAL ORDER Heard the parties. 2. The petitioner has approached this Court under Article 226 of the Constitution of India seeking twin reliefs, firstly for a direction to the respondents to regularize his service on the post of Line-man under the respondent Board, where he is allegedly working for last 9 years, and secondly for a direction to the respondents to pay arrears of salary since December 2007. 3. The learned counsel for the petitioner submits that the petitioner was appointed as line-man in the year 2004 in Indrapuri Fidder, District Rohtas, on a fixed pay of Rs. 4000/- per month and the work was being done by him regularly, yet his fixed salary has not been paid since 2007. Therefore, according to the learned counsel the petitioner is entitled for payment of arrears of his salary, as also for regularization of his service on that post. 4. After having heard the parties, this Court is of the opinion that so far as the claim for regularization of service is concerned, in view of law laid down by a Constitution Bench of the Hon’ble Apex Court in Secretary, State of Karnatka and others vs. Uma Devi (3) and others [ (2006)4 SCC 1 ] the prayer of the petitioner cannot be entertained. In the factual background of the case and, in view of the law laid down by the Hon’ble Apex Court in Secretary, State of Karnatma vs. Uma Devi(3) (Supra), there is no question of issuance of any direction to the respondents for consideration of the case of the petitioner for regularization of his service. The prayer for regularization of service is rejected. 5. However, so far as the claim for payment of arrears of salary of the petitioner is concerned, in the given facts of the case, the petitioner is granted liberty to file a detailed representation with all supporting documents before the respondent Executive Engineer, Electrical Supply Division, Dehri-On-Sone, District Rohtas (respondent no. 5) raising the grievances of non-payment of salary since December, 2007. 6. If such a representation is filed on behalf of the petitioner within a period of one month from today with all supporting documents, then the respondent Executive Engineer, shall be obliged to consider and decide the same strictly in accordance with law by a reasoned and speaking order.
5) raising the grievances of non-payment of salary since December, 2007. 6. If such a representation is filed on behalf of the petitioner within a period of one month from today with all supporting documents, then the respondent Executive Engineer, shall be obliged to consider and decide the same strictly in accordance with law by a reasoned and speaking order. If on consideration of materials the respondent Executive Engineer, comes to a conclusion that the grievances raised on behalf of the petitioner are admissible to him, then he shall further be obliged to issue consequential order for grant of admissible reliefs to the petitioner without unnecessary delay. 7. Entire exercise must be completed by the respondent Executive Engineer, within a maximum period of six months from the date of filing of the representation by the petitioner. 8. The present application stands finally disposed of with the observations and directions made above.