(1.) HEARD learned counsel for the petitioners and learned counsel for the State.
(2.) THE petitioners were appointed initially on daily wages on different dates in between 1980 to 1982. They were brought into the work charge establishment in February, 1988. In April, 2002 they were sought to be reverted to their status of daily wage. They came to this Court in CWJC Nos. 6293. of 2002 and 6760 of 2002. The writ applications came to be disposed with a large batch of analogous cases giving directions to consider for regularization in accordance with inter alia the judgment of the Supreme Court in Secretary, State of Karnataka & Ors. vs. Uma Devi & Ors., (2006)4 SCC 1 [:2006(2) PLJR (SC)363]. They have now been directed to be regularized by an order dated 28.11.2006 and given fresh posting, in pursuance of which formal orders with regard to them have been issued on 29.11.2006. Learned counsel for the petitioners submits that the petitioners are entitled to the work charge scale for the period that they continued to work as such in pursuance of their having approached this Court in CWJC Nos. 6293 of 2002 and 6760 of 2002, find, the interim orders passed therein. The second submission is that the regularization has to be granted on completion of five years in the work charge establishment to be computed from February, 1988 in terms of the orders of the Apex Court at Annexure -12 and a Full Bench decision of the Jharkhand High Court at Annexure -13 instead of 29.11.2006.
(3.) LEARNED counsel for the State submits that the petitioners could be entitled to work charge scale, if they have any specific order in their favour.