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2015 DIGILAW 52 (UTT)

RAMNATH TIWARI v. SECRETARY AGRICULTURE (PRODUCTION) GOVERNMENT OF UTTARAKHAND

2015-01-21

SUDHANSHU DHULIA

body2015
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The petitioner is a Work Charge employee in Krishi Utpadan Mandi Parishad, Sitarganj, district Udam Singh Nagar, Uttarakhand. According to the petitioner, there are work charge establishments in limited government departments such as Public Works Department, Irrigation Department, etc. 2. The learned counsel for the petitioner relies upon the Government Order dated 12.07.2010 by which employees of the work charge establishment have been given revised pay scale. Petitioner alleges that since he is also a work charge employee though in the Uttarakhand Mandi Parishad, and he is also liable to be given the benefits of the Government Order. 3. Mandi Parishad, in its counter affidavit has rejected the claim of the petitioner on the grounds that the petitioner is not a government employee and the Government Order which he is relying upon is applicable to only work charge employees in the government establishments. 4. According to the respondents, in his case a separate order has been passed by the Mandi Parishad on 14.05.2012 by which the daily wages of semi skilled persons have been increased. 5. The order dated 14.05.2012 has been perused. The order states that this increase is in tune with the similarly situated workmen in Public Works Department. Therefore, by and large, Mandi Parishad, seems to be following the pattern which is existing in other government departments such as Public Works Department. In any case, they have no independence scheme by which the higher pay scale is liable to be given to the employees of the work charge establishment. 6. Therefore, the writ petition is disposed of with the direction to the Managing Director, Uttarakhand Agriculture Marketing Board (Uttarakhand Krishi Utpadan Mandi Parishad), to consider the case of the petitioner, particularly in the light of the fact that the Mandi Parishad is granting wages to its work charge employees by adopting the wages being given to the employees in Public Works Department. He shall consider the representation of the petitioner and if need be, in consultation with the State Government to grant the benefit as being sought by the petitioner, in view of the fact that there is no independent provision for granting such benefit to its employees in the Mandi Parishad. 7. Let the decision be taken within a period of eight weeks from the date of production of a certified copy of this order. 8. 7. Let the decision be taken within a period of eight weeks from the date of production of a certified copy of this order. 8. No order as to costs.