NAND KISHORE RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been preferred by the daily wage worker, engaged by the respondent-State in Water Resources Department since 1980.

(2.) It is submitted by the counsel for the petitioner that the petitioner should be paid wages equal to the salary at the lowest grade of the employees of his cadre in the Water Resources Department in the Government of Jharkhand. The petitioner is serving since 1980 as daily wage worker sincerely, diligently and to the satisfaction of the respondents. For regularization of the services of the petitioner already another matter is pending, which is MJC No. 634 of 2000. Earlier also, a writ petitions bearing W.P.(S) No. 1035 of 2002 and W.P.(S) No. 5387 of 2002 were preferred, in which also, there was a direction to pay minimum pay scale to the present petitioner, but, the petitioner was not entitled to any other allowances. These facts have already been admitted by the respondents vide their letter dated 10th September, 2007 (Annexure-6 to the memo of the present petition). Thereafter, the petitioner was paid till 21st January, 2009 (Annexure-7 to the memo of the present petition).

(3.) Counsel for the petitioner further submitted that in the present writ petition, it is prayed that till the regularization of the petitioner in the services of the respondent-State, the petitioner ought to be paid minimum pay scale, without paying any other allowances, as directed in paragraph-55 of a decision rendered by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others v. Umadevi (3) and others, as, 2006 3 JCR 36. The petitioner is not claiming regularization in this writ petition, for which, another (sic) tempt application is already pending before this Court.