V. KANAKAMMAL AND V. SASIKUMAR Vs. MR. SHANMUGAVEL, THE EXECUTIVE OFFICER, ERANIEL TOWN PANCHAYAT, NEYYOOR AND POST, KANYAKUMARI DISTRICT,

JUDGEMENT

(1.) This writ petition has been filed praying for issue of writ of mandamus. The petitioners were employed as a part -time sweeper in the first respondent Town Panchayat. They were originally paid daily wages starting from Rs.16/ - and it was increased periodically and accordingly, they were paid Rs.26/ - per day; on 29.8.1994, the salary of the sweepers were reduced to the fixed salary of Rs.60/ - per month. Challenging that order, the present writ petition has been filed.

(2.) In the counter filed by the respondents, it is stated that though the Collector fixed the salary of Rs.60/ - per month, subsequently after getting clarification from the higher authorities, petitioners' salary were ordered to be paid as earlier and it was increased to Rs.30/ - per day. It is also stated that the petitioners refused to receive their salaries and they were informed about this by letters dated 21.11.1994, 22.11.1994 and 26.11.1994. It is also stated in the counter that cheques for monthly salaries of the petitioners are ready and the petitioners refuse to receive the cheques and letters were also sent to that effect. The first respondent is ready to pay the salary of Rs.30/ - per day from August, 1994.

(3.) Learned counsel for the petitioners submits that the second petitioner has been employed on monthly salary from 16.3.1990. The first petitioner being employed even earlier to the second petitioner, he is also entitled to the same scale of pay as has been given to the second petitioner who joined subsequent to the first petitioner. This contention of the counsel for the petitioner is acceptable. In view of the fact that the first petitioner joined the service earlier, where the person joined later has been employed on monthly salary, the first petitioner is equally eligible for such an appointment.