UPENDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE writ petitions involving common question of law and fact have been heard and disposed of by this order. In CWJC No. 2324 of 1998 the petitioners have prayed for issuance of appropriate writ directing the respondents to absorb them permanently on the basis of panel and after completing the procedure of appointment on the vacant and sanctioned Class III and Class IV posts and in the alternative regularize their services and further for quashing the letter dated 28.12.1996 issued by respondent No. 4, the Chief Malaria Officer, Govt. of Bihar, Patna whereby a direction was issued to make payment of wages to the petitioners as daily wages worker instead of salary DA and other allowances.

(2.) IT is the admitted case of the petitioners that the respondents are taking work from them every five months in a year on the post of Superior Field Worker and Field Worker since 1977 - 78 and they were receiving the payment of salary and DA and other allowances. It appears that when the petitioners were not paid salary for the period November 1999 to April 2000 and May 2000 to September 2000 they filed another writ petition being CWJC No. 4240 of 2000. In that writ petition the petitioners besides regularization also challenged the decision of the respondents contained in the letter dated 28.12.1996 whereby a proposal was made to change the pay scale and mode of payment to the petitioners who have been working on daily wages basis. The writ petition was disposed of on 19.12.2000 with a direction to the petitioners to raise all the points in the earlier writ petition being CWJC No. 2324 of 1998. So far non payment of salary/ wages Is concerned this Court directed the respondents to make payment of salary, if the petitioners have worked, within a period of two weeks from the date of receipt of copy of the order. The petitioners thereafter filed a Contempt petition being MJC No. 219 of 2000 and Cont. case No. 659 of 2002 for the non -compliance of the aforesaid direction.

(3.) THE respondents case in the counter affidavit is that the petitioners are the seasonal spray workers. They are engaged as per the requirement and technical guidance of National Malaria Education Programme, Govt. of India, depending upon the endemicity of malaria. Their services are utilized during the transmission season of the year which never exceeds five months in a year and thereafter their services are automatically terminated. The respondents further stated that the spray staff of malaria affected areas were paid from establishment where as similarly situated staff of Kalazar affected district were paid on daily basis as per the rates approved by the Labour Department.