Narendra Kumar S/o Shri Vijay Kumar v. State of Jharkhand
2025-02-06
ANANDA SEN
body2025
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the petitioners and learned counsel for the State. 2. In this writ petition, petitioners claim monthly allowances/salaries in terms of resolution dated 28.07.2015 as they are working as Computer Operators/Date Entry Operators in the office of the District Mining Officer. 3. They have also prayed that the benefit of any subsequent revision be also granted to them. 4. After hearing the parties, I find that admittedly, the petitioners are engaged as Computer Operator/Data Entry Operator by the District Mining Officer on payment of daily wages at the rate of Rs. 222 per day. It is an admitted case that till date they are working. Vide Annexure No. 3 to the writ petition i.e. resolution dated 28 th July, 2015, considering the increase in the dearness allowances and other cost of living, it was decided that Computer Operators/Data Entry Operators be paid a lumpsum amount of Rs. 16,480. The petitioners claims that the said amount has not been paid to them, though the other Data Entry Operators are being paid. 5. The counsel appearing on behalf of the State submitted that the petitioners are back door entrant and without following the necessary rule of appointment, they have been engaged as daily wagers, thus, they are not entitled to get the benefit and the arrears. 6. Annexure No. 1 is the appointment/engagement letter which suggests that the petitioners though are engaged on daily wage basis, but they have been engaged as Computer Operators/Data Entry Operators. 7. Annexure No. 3 is the resolution which provides for paying a lumpsum amount of Rs. 16,480 to the Computer Operator/Data Entry Operator who are working in different offices of the State. So far as the Computer Operators working in Secretariat or offices attached with the said Secretariat will get an amount of Rs. 18,190 on lumpsum basis. 8. It is an admitted fact that the petitioners are still working as Computer Operators and they have not been removed from service. When they are still working, as a Computer Operator/Data Entry Operator, they are entitled to get the benefit of the resolution dated 28 th July, 2015. By the resolution dated 28 th July, 2015, the lumpsum amount payable to the Data Entry Operators was enhanced, considering the increase in the cost of living and also subsequent increase made in the dearness allowances paid to the other employees.
By the resolution dated 28 th July, 2015, the lumpsum amount payable to the Data Entry Operators was enhanced, considering the increase in the cost of living and also subsequent increase made in the dearness allowances paid to the other employees. The intent of the said notification is to enhance the pay of the persons who are working as Data Entry Operators and the main consideration was sustenance of these employees considering the rise in the cost of living. When admittedly the petitioners are working, the benefit of revision of the pay should be extended to the petitioners, since they are also affected by the rise in the cost of living. 9. Thus, I am inclined to allow this writ petition. The petitioners who are working as Computer Operators/Data Entry Operators in different offices are entitled to get the benefit of the resolution dated 28 th July, 2015 wherein the lumpsum payment has been fixed at Rs. 16,480. Further it is held that if there is any subsequent revision thereto, the petitioners are also entitled to get the benefit of the same, from the date those notification has been given effect to. The respondents are directed to pay the amount to the petitioners. The arrears will also be paid to the petitioners. The entire process should be concluded within two months from the date of receipt of the copy of this order. 10. With the aforesaid observation and direction, this writ application stands allowed.