KAILASH KUMAR RAI Vs. THE ZILA PARISHAD, KATIHAR

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India has been filed by petitioner for a direction to Respondent-authorities to grant salary to the petitioner as a Class III employee, Zila Parishad, Katihar, as Respondents had taken work from petitioner as class III employee from the date of his joining on 6.11.1988 although his appointment was made on class-IV post. Petitioner had earlier filed CWJC No. 18869 of 2010 which was disposed of on 1.4.2011 with a direction to the concerned authorities to decide the representation within four months from the date of production of a copy of the order which was dismissed by Respondent-authorities by order dated 30.7.2012, as contained in Annexure-10 of this writ petition.

(2.) Briefly stated fact of the case is that petitioner was appointed by Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Katihar, on the post of Chowkidar which is a Class-IV post. Petitioner was posted as Chowkidar of Manihari Dakbangla, Zila Parishad, Katihar, when by order dated 2.1.1988 of the Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Katihar he was directed to hand over the charge within three days to one Sri Gholta Jharudar and report in the Head Office for performing duty of Assistant. However, he will be paid salary of Class-IV post and his application will be considered after roster clearance and after approval by the competent authority and pursuant to said order petitioner handed over charge on 6.11.1988 and reported in the Head Office of Zila Parishad, Katihar to perform the work of Assistant.

(3.) It has been submitted that petitioner performed the work and duty assigned as third grade employee of Zila Parishad to the satisfaction of all and on several occasions petitioner was deputed for election duty treating him to be a Grade III employee for which he got emoluments of third grade employee. The salary of Assistant was not paid to petitioner and petitioner approached the authorities, who assured him that steps are being taken for making such payment but nothing was done. Petitioner filed representation on 1.12.1989 before the Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Katihar, but no order was passed. Petitioner also drew attention of the Chairman that even after several representations the salary for Class-III Grade is not being paid to him although he is discharging duty of Class-III post and in the year 1995 roster clearance was also done. Petitioner lastly represented on 2.7.2010 for salary meant for third Grade employee as he has been working on the post of Assistant since 6.11.1988. Petitioner has earlier filed a writ petition being CWJC No. 18869 of 2010 which was permitted to be withdrawn with direction to Zila Parishad to dispose of the representation within four months from the date of order dated 1.4.2011 and same was rejected on 30.7.2012 which is under challenge in this writ petition.