MANOJ KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner seeks a direction upon the respondents to make payment of arrears of salary from July 2004 @ Rs. 5,000/- per month as the petitioner claims himself to be working as Computer Operator which is equivalent to Data Entry Operator but is being paid @ Rs. 2,600/- per month which is arbitrary and mala fide.

(2.) It is stated on behalf of the petitioner that vide Annexure-1 which is minutes of the meeting No. 35 under Jharkhand Education Project, Deoghar, the petitioner and another person was found to be working as Computer Operator. The petitioner also relies upon the notings on file which is annexed as Annexure-3 wherein suggestion was made that he should be considered for payment of Rs. 5,000/- per month which is the wages for Data Entry Operator in National Programme for Education of Girls at Elementary Level.

(3.) Respondent State in their counter affidavit have categorically refuted the contention of the petitioner that he was Data Entry Operator. It is stated that the petitioner was the Computer Operator and was allowed to continue to work as Computer Operator under NPEGEL because he was already working as a Computer Operator in Education Project, Deoghar. It is further stated that the petitioner was working as Computer Operator under NPEGEL on fixed wages and the wages/salary of the Data Entry Operator are fully distinct which cannot be claimed by the petitioner as he has never been appointed as Data Entry Operator. From the submissions of the parties and after going through the averments made in the writ application as also in the counter affidavit, it appears that the grievances of the petitioner are misconceived as the post of Computer Operator and Data Entry Operator are distinct and separate and separate wages are fixed for two different posts. Petitioner has been drawing his wages on the post of Computer Operator and cannot claim wages/salary of Data Entry Operator. This writ application is without any merit and is accordingly dismissed.