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2014 DIGILAW 256 (JHR)

Jairam v. State of Jharkhand

2014-02-17

APARESH KUMAR SINGH

body2014
ORDER Heard counsel for the parties. 2. These writ petitioners had earlier approached this Court in WPS No. 1041/2012 with a prayer to direct the respondents to grant them minimum scale of pay for the period they had worked as daily wage employees under the respondent department before their services were regularized. 3. These twelve writ petitioners are said to be the employees working on daily wages for different periods when they were engaged in 1980s under the Minor Irrigation Department, as per detail chart given at para-11 of the writ petition. Their services have been regularized by the department in the month of March 2011. In the aforesaid background, being guided by the judgment rendered by this Court in the case of Nand Kishore Rai vs. State of Jharkhand & others [WP(S) No. 700/2009], the writ petitioners had approached this Court as aforesaid. The writ petition was however disposed of by directing the respondent authorities to take an appropriate decision in the matter while appreciating the judgment delivered by this Court in WPS No. 700/2009. The petitioners' representation has been rejected by the impugned order at annexure-12 dated 17th July 2012 passed by the Principal Secretary, Water Resources Department, Government of Jharkhand. 4. Counsel for the petitioners submits that the prayer has been rejected on the ground that the respondent State had chosen to assail the judgment rendered in WPS No. 700/2009 in letters patent appeal. Apart from that, a plea was taken that these persons have been paid their daily wages for the relevant periods in which they had earlier worked. Counsel for the petitioners submits that the letters patent appeal being LPA No. 130/2012 preferred by the State against the said judgment in the case of Nand Kishore Rai (Supra) has been dismissed by order dated 05th July 2012. 5. Respondent in their counter affidavit have taken a plea that after dismissal of the said LPA, State has decided to prefer special leave to appeal before the Hon'ble Supreme Court challenging the same. 6. Learned counsel for the petitioner refers to Annexure-I.A./2 brought on record by way I.A. No. 6678/2013 which is judgment dated 08th May 2013 passed by the Apex Court dismissing the Special Leave to Appeal (Civil) CC No. 9080/2013 which was preferred against the judgment rendered in LPA No. 130/2012. 6. Learned counsel for the petitioner refers to Annexure-I.A./2 brought on record by way I.A. No. 6678/2013 which is judgment dated 08th May 2013 passed by the Apex Court dismissing the Special Leave to Appeal (Civil) CC No. 9080/2013 which was preferred against the judgment rendered in LPA No. 130/2012. It has been further submitted that thereafter, further judgments have been passed by the learned Single Bench of this Court, one of which has been enclosed as WPS No. 4721/2012 dated 9th July 2013. In such circumstances, counsel for the petitioners submits that the respondent are liable to pay remuneration to the petitioners equal to the salary at the lower grade of employees in the cadre in Water Resources Department, State of Jharkhand. 7. Having heard learned counsel for the parties and having gone through the relevant materials on record including the judgments referred herein above, it is apparent that the ground taken in the reasoned order is no longer tenable in law as well as on facts. In similar circumstances, this court in the case of Nand Kishore Rai (Supra), directed the respondent to make payment of wages equal to the salary at the lowest grade of the employees of this cadre in the Water Resources Department, State of Jharkhand taking into account that said petitioners were earlier engaged on daily wage basis and had worked for more than 31 years. Petitioners also claim to have been working from different periods since 1980 under the respondent department as per the detail chart given at para-11 of the writ petition. Their services have since been regularized effective from March 2011. 8. In such circumstances, there does not appear any reason on the part of the respondent to distinguish the petitioners' case from the other employees whose cases were considered and minimum remuneration equal to pay at the lowest grade of the employee in the cadre were directed to be given. In the aforesaid background, the impugned order contained in Memo No. 1687 dated 17th July 2012 cannot sustain in law as well as on facts and it is accordingly quashed. Respondents are directed to pay remuneration to the petitioners equal to the salary at the lowest grade of employees in the cadre of Water Resources Department, Government of Jharkhand within a period of twelve weeks from the date of receipt of a copy of this order. Respondents are directed to pay remuneration to the petitioners equal to the salary at the lowest grade of employees in the cadre of Water Resources Department, Government of Jharkhand within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is allowed in the aforesaid terms. I.A. No. 6678/2012 also stands disposed of. Petition allowed.