STATE OF BIHAR Vs. JAWAHAR RAM

JUDGEMENT

(1.) THE State of Bihar has preferred this appeal in terms of Clause 10 of the Letters Patent of the High Court of Judicature at Patna.

(2.) The writ petition at the instance of the four petitioners has been allowed by judgment dated 10.9.1999, passed by the learned Single Judge of this court in CWJC No. 1635 of 1998 (Jawahar Ram & Ors. vs. The State of Bihar & Ors.), whereby the State of Bihar has been directed to pay minimum of the time scale to the post on which they were working until their claim for regularization is considered one way or the other by the competent authority. We shall go by the description of the parties occurring in the writ petition. The four petitioners, namely, Jawahar Ram, Ram Sagar Pd. Singh, Ratendra Kumar Mallik, and Chhotelal Gope @ Chhotelal Yadav (respondent nos. 1 to 4 herein), jointly preferred the said CWJC No. 1635 of 1998 seeking the following two reliefs: - (i) to regularize the services of the petitioners, and (ii) to give equal pay for equal work. The petitioners had joined as Class -IV employees on daily wage basis in different engineering establishments of the State of Bihar and continued as such for sometime. The writ petition was allowed with the aforesaid directions. Aggrieved by the same, the State of Bihar has preferred the present appeal.

(3.) IT is submitted on behalf of respondent authorities (the appellants herein) that the issues relating to regularization is now concluded by judgment dated 15.3.2007, passed by a Division Bench of this Court in a batch of appeals 'including LPA No. 736 of 2006 (The State of Bihar and Others vs. Jawahar Ram and Others). In so far as the second issue is concerned, it is submitted that there was no basis for the aforesaid direction for grant of the minimum of the time scale.