PRAKASH CHANDRA Vs. STATE

JUDGEMENT

(1.) PETITIONERS are employed under unemployment token allowance scheme. Their grievance is that they are not being paid the salary and allowance under the aforesaid scheme on month to month basis. In this connection, they refer to the orders of this court dated 10.12.2002 passed in C.W.J.C. No. 9050 of 2002 Shiv Shankar Prasad and others V/s. The State of Bihar (Annexure -12) whereunder this court directed the State respondents to clear the arrears/current salary of the petitioners who were the employees under the said scheme within a period of four months and thereafter to pay them on month to month basis till they continued to be employed under the Scheme. Learned counsel with reference to the averments made in the counter -affidavit duly affirmed by Assistant Director of Employment, Bihar, Patna states that the State respondents have not paid the petitioners and others their arrears of salary/current salary under the Scheme with effect from March, 2004 and to avoid further non -payment their case should be considered for regularisation on Class -Ill post in the Collectorate at Sitamarhi in the light of the recommendation of the Collector, Sitamarhi bearing letter no. 32 Headquarter dated 17.2.2000, Annexure -8.

(2.) IN view of the rival submissions of the parties I propose to dispose of the writ petition with a direction to the petitioners to file representation alongwith a copy of this order before the Secretary, Personnel and Administrative Reforms of the State Government to consider their case in the light of the recommendations of the Collector, Sitamarhi bearing letter no. 32 headquarter dated 17.2.2000, Annexure -8 and the directions of this Court contained in order dated 10.12.2002, Annexure -12 so that petitioners are paid arrears/current salary under the scheme on month to month basis otherwise they should be considered for absorption on Class -lllrd posts in the Collectorate at Sitamarhi as has been recommended by the Collector under letter dated 17.2.2000, Annexure -8. In the event the said representation is filed the Secretary, Personnel and Administrative Reforms, Government of Bihar shall dispose of the same within a period of two months from the date of receipt of the representation alongwith a copy of this order and shall ensure that the petitioners are paid their arrears of salary within the aforesaid period.