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2017 DIGILAW 31 (JHR)

Mangal Ch. Hembrom v. State of Jharkhand

2017-01-05

ANANDA SEN

body2017
ORDER : 1. Heard learned counsel for the petitioners and learned J.C. to G.P.II for the State. 2. In this writ application, the petitioners are praying for a direction upon the respondents to calculate and pay the dearness allowance to them on the minimum of pay scale at the lowest grade of the corresponding regular cadre from the period when the petitioners have been getting their wages on the minimum of pay scales. 3. The petitioners joined their services as daily rated employees in the Minor Irrigation Department having been appointed between 1979 to 1984. Some of the daily rated employees, for getting their salary, on the basis of minimum of pay scale, filed writ petition before this Hon'ble Court being W.P. (S) No. 1035 of 2002. The Hon'ble Court vide order dated 05.03.2002 passed an order for making payment on the basis of minimum of pay scale. Pursuant to the said order, an order was passed by the Secretary, Water Resources Department, on 11.04.2002 for payment on the basis of minimum of pay scale, till the conclusion of the process of regularization. 4. The petitioners submit, that on the basis of their services rendered as daily wagers, they have been regularized as regular employee. They further submit that in compliance of the order of the Hon'ble High Court of Jharkhand, the petitioners have been finally regularized in their services on 16.03.2011 and they are getting their salary as regular employees from the date when they joined the regular establishment. They claim that before regularization they were not being paid minimum of pay scale even though work was taken from them. 5. The Hon'ble High Court of Jharkhand in the case of Nand Kishore Roy & Ors Vs. State of Jharkhand & Ors. vide order dated 04.08.2011 has been pleased to direct the authorities to pay the wages equal to the salary of the lowest grade of the employees of the corresponding regular cadre, In fact, the said decision is in view of the judgment rendered by Hon'ble Supreme Court of India in the case of State of Karnataka Vs. Uma Devi, reported in (2006) 4 SCC 1 . The decision of the learned Single Judge rendered in the case of Nand Kishore Roy & Ors Vs. State of Jharkhand & Ors. (supra) was challenged by the State in L.P.A., but the same was rejected. Uma Devi, reported in (2006) 4 SCC 1 . The decision of the learned Single Judge rendered in the case of Nand Kishore Roy & Ors Vs. State of Jharkhand & Ors. (supra) was challenged by the State in L.P.A., but the same was rejected. The Special Leave Petition filed before the Hon'ble Supreme Court against the said order was also dismissed. The petitioners submit that the cases of these petitioners are in the same footing as that of the case of Nand Kishore Roy & Ors Vs. State of Jharkhand & Ors. Therefore, the petitioners claim the same relief, which was granted to them in W.P.(S) No. 5465 of 2014. 6. Now the dispute which now remains, is that the respondent-authorities have not calculated the Dearness Allowance on the minimum of pay scale, which essentially form part of the salary. The petitioners, thus, have been deprived of the same benefit. The petitioners relied upon an order dated 02.08.2016 passed in W.P.(S) No. 1711 of 2015 and W.P.(S) No. 1896 of 2015 and submit that the case is exactly covered by the said orders of this Court. 7. Issue as to whether the petitioners are entitled for Dearness Allowance or not has been settled by Hon'ble Supreme Court in Union of India & others Vs. Dharma Pal and others, reported in (1996) 4 SCC 195 . The Hon'ble Supreme Court held that the daily wages earners are also entitled to the admissible D.A. on their wages equal to minimum scale of pay. 8. Since the matter has already been settled, this Court holds that the respondent-authorities should allow the benefit of D.A. to the petitioners. 9. The Principal Secretary, Water Resources Department, Government of Jharkhand, thus, is directed to pass a necessary order allowing the D.A. to the petitioners on their wages on the minimum of the basic pay within a period of two months from the date of receipt of a copy of this order and the monetary benefits accruing in favour of the individual petitioners should be disbursed to them within a period of four months thereafter. 10. This writ petition is, thus, disposed of with the aforementioned direction.