KAMALAKANTA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners who are the job contract Safei Moharirs have filed this application seeking for a direction to the opposite parties to pay the same scale of Rs.2,750/ - as is allowed to Munsarims Grade -III and similar other job contract employees and further to quash the order No.NGE (C) -III -26/2009 -14705/R and DM dated 13.04.2010 of the Govt. of Orissa, Revenue and Disaster Management Department rejecting to fix pay of Rs.2750/ - and to consider them as Class -III (Group -C) employees. They further claim that as they are doing the same type of job like the Munsarims Grade -III, therefore, they should be declared as Class -III employees instead of Class -IV employees and to pay equal pay for equal work since they were originally declared as Class -III employees under the Civil Services (Classification, Control and Appeal) Rules, 1962, in short OCS (CCA) Rules.

(2.) THE facts leading to filing of this writ petition are that the petitioners and many others were appointed as Safei Moharirs as per Rule -588 of Bihar and Orissa Technical Rules, 1927 and they are discharging their duties and responsibilities as prescribed under Rule - 587 of the aforesaid Rules which consists of making out fair copies of the Record of Rights and Judgments in different cases. After the Munsarims prepared the Records of Rights, the Safei Moharirs prepare the required number of copies for communication to different Officers. In O.C.S. (C.C.A) Rules, 1962 the Safei Moharirs were kept under Class -III category but subsequently by an amendment, the same was deleted and they were classified as Class -IV although their nature of work continued to be the same. It is stated that since Safei Moharirs undertake ministerial/clerical work the post could not have been kept in Class -IV categtory and they could not have been denied the same scale of pay as is allowed to the similar job contract employees of their counter parts. It appears that the petitioners and other Safei Moharirs have been working since more than 25 years in the Settlement organization with a very low salary without any promotional avenue and at the same time they are denied the same scale of pay which is being paid to their counter parts. The duties of the Safei Moharirs is available in the Settlement Manual under Rules 587 and 588 of the Technical Rules and as such no Safei Moharir will be appointed until he has been examined and passed in hand writing. Safei Register of approved candidates will be maintained and the Safei section will be under the control of Safei Supervisor who will be assisted by one or more head moharir and a staff of Safei Munsarims and Moharir. Each Safei Munsarim will be incharge of a Halka of 22 to 25 Moharirs paid at a contract rate. The Halkas will be divided into three groups, one group of Halka will write only the copies for the Collector, the 2nd group will write only the copies for the land lords (Maliki copies) and the 3rd group will write only the copies for the Rayat (Rayati copies). The recess Officers or Section Officers will himself arrange which collotarate Halka shall supply records to each Maliki Halka and each Maliki Halka shall supply records to each Rayati Halka. He will note his orders in the order book of the Section. Though the Settlement Organization is continuing in the State of Orissa, but its employees have been allowed to continue on adhoc or on job contract basis.

(3.) BEING aggrieved by such fixation, the Orissa State Safei and Munsarim Moharir Association, Cuttack filed an appeal on 29.01.1994 before the Government for revision of their pay. On consideration of the same, on 24.02.1994 the Government directed the Director of Land Records and Surveys, Orissa to give his views vide Annexure -6. When the Director was in seisin over the matter on 08.02.1995 the pay scale of Munsarim was revised from Rs.800 - 1150 to Rs.825 -1200/ - vide Annexure -7. The Director of Land Records and Surveys, Orissa pursuant to annexure -6 dated 24.02.1994 wrote letters to All Settlement Officers/Charge Officers, of Orissa seeking for their views. On receipt of the said views, he has furnished a report vide annexure -8 on 26.6.1995. The views of the Director in Paragraphs -1, 3, 4 and 5 of the said report as follows: