SHEREEF P ASSAINAR Vs. STATE OF KERALA

JUDGEMENT

(1.) It is admitted position that the petitioner is working as Pump Operator on daily wages under the third respondent. He has been so engaged from 7.10.1978 onwards and has been paid wages at the rate of Rs.56/- per day. Relying on Ext.P6 G.O dated 29.3.99 the petitioner put forward a claim that he should be paid wages at the rate of Rs.120/- per day with effect from 1.3.1999. It appears that some correspondence had taken place between respondents 2 and 3. The second respondent informed the third respondent that as far as last grade servants are concerned daily wage at the rate of Rs.56/- stood enhanced to Rs.120/-. However, the third respondent informed the petitioner that he should be content with Rs.56/- per day as wages until the case pending before this Court is disposed of.

(2.) In the counter affidavit filed on behalf of the first respondent it is stated that the petitioner is not working against the sanctioned post of Pump Operator and, therefore, he cannot as of right claim wages at the rate of Rs.120/- in terms of Ext.P6.

(3.) I am unable to accept the above contention. Ext.P6 order does not draw any distinction between employees working against sanctioned posts and those working against non-sanctioned posts. The payment is made for the work actually done and at the rates fixed per day. Hence Ext.P6 order applies to the case of the petitioner also. Class IV posts are referred to in Ext.P6. The daily wage of Rs.56/- stands enhanced to Rs.120/-. Hence the petitioner is entitled to claim daily wage at the rate of Rs.120/- from 1.3.1999 onwards. The petitioner is entitled to get reliefs to the above extent.