BHADO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Sanjeev Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel No. 21, for the State.

(2.) THE petitioners seek quashing of the order contained in memo no. 1475 dated 26.7.1999 (Annexure -5) passed by the Water Resources Department by which the petitioners have been allowed payment of salary at the lowest scale of the time scale of pay but it has been stated that they shall not be paid dearness allowance, other allowances and increments in the time scale. The petitioners are aggrieved by the non -grant of the dearness allowance and other allowances.

(3.) SO far as the issue of grant of dearness allowance and other allowances are concerned, learned counsel for the petitioners relies upon several decisions, namely, Randhir Singh vs. Union of India and Others: AIR 1982 SC 879, Dhirendra Chamoli and Another vs. State of U.P. : (1986)1 SCC 637. and Haryana State Adhyapak Sangh and Ors. vs. State of Haryana and Ors.: AIR 1988 SC 1663. The first two of the abovementioned cases relate to the principle of equal pay for equal work and in both the cases it has been laid down that daily wagers who have been working under the Government or governmental authorities are entitled to the same scale of pay as regularly employed persons doing the same type of work. So far as the third case reported in AIR 1988 SC 1663. is concerned, the same relates to teachers of private aided schools who had been denied dearness allowance at par with those of the teachers of Government schools and it was directed in the said case that such teachers of a private aided school shall also be entitled to the dearness allowance at par with teachers of the Government schools.