UMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two petitioners have jointly filed this writ application under Article 226 of the Constitution of India for a direction to the respondent authority to pay the salary of the petitioners in accordance with the pay scale mentioned in the appointment letters. Admittedly, petitioners were appointed on Class IV post on the basis of the appointment letters issued to them on 19.10.1994 wherein the pay scale was mentioned as Rs. 775 -12 -995 -14 -1025 along with the dearness allowance payable to the employee from time to time, copy of the appointment letters are made Annexures 1 and 2 respectively to this writ application. It is submitted that the petitioners are still working on their respective post on the basis of such appointment letters. In this case a counter -affidavit has been filed wherein the statement made in the writ application has not been denied. However, learned counsel appearing on behalf of State respondents submits that the petitioners were appointed on temporary basis. No doubt, such appointments are made on temporary basis and unless the appointment is terminated, such employees are supposed to work on their respective posts In terms of the appointment letters. As stated above, this is not denied on behalf of respondents that the petitioners are still working on their respective posts. The grievance of the petitioners is that though they were appointed in the pay scale mentioned in their respective appointment letters, even then the petitioners are being treated as daily wage employees and on such basis the respondent Deputy Commissioner, Hazaribagh has directed to pay wages of only 26 days, which is apparent from the endorsement made by the Deputy Commissioner, on the petition filed by the petitioner, a copy of which is made Annexure -4 to this writ application. I fail to understand how and under what circumstances the Deputy Com missioner, Hazaribagh has passed this order completely overlooking the terms and conditions including the pay scale mentioned in the appointment letters. Accordingly, the Deputy Commissioner, Hazaribagh is directed to pay the salary, strictly in terms of the appointment letters issued to them, including the arrears within three weeks from today, failing which the Deputy Commissioner, Hazaribagh shall not draw his salary and other allowances till further order of this Court. This disposes of the writ application.

(2.) APPLICATION disposed of.