SHEO KUMAR NARAYAN Vs. BIRSA AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) THESE petitioners claimed to have been appointed on the basis of an order dated 26.2.2001 passed in C.W.J.C No. 535 of 1999(R) preferred by the same petitioners, which is Annexure 2 to the writ petition. The petitioners had made a claim before the Court in previous writ petition that they were working as casual workmen since 1984 onwards in the respondent -University and the respondent -university should be directed to regularize their services on the post on which they are working. The respondents took a stand that the panel prepared in 1998 has expired and, therefore, the services could not be regularized. It was also stated on behalf of the respondents that an advertisement was issued in April 2000 where the petitioners had also applied. In such circumstances, learned Single Judge of this Court while disposing of the said writ petition, observed that since the post had already been advertised in April 2000, the respondent -University is directed to prepare the panel of employees including the petitioners on the basis of seniority in terms of the advertisement published and regularize the services of the petitioners, if otherwise, eligible against the sanctioned vacant posts, if any, within a specified time. Counsel for the petitioners submits that there was a modification in the order dated 22.2.2001 in relation to the year of advertisement by order dated 28.3.2001 passed in the same case.

(2.) HOWEVER , in any case these petitioners claimed to have been appointed though on temporary basis on the post of Correspondence/Accounts Clerk in the scale of pay of Rs.1200 -1800 together with all admissible allowances. It is the contention of counsel for these petitioners that the post of Assistant, carried a scale of Rs.1500 -2750 which, however, has not been granted to these petitioners. As a result of which, the revision in the higher payscale of Rs. 5500 -9000 has also been denied to them and they are still working in the scale of Rs.4000 -6000.

(3.) THE petitioners in their reply have stated that by the decision taken on 23.2.1987, Annexure -9 to their reply, a common scale of pay for all classes of clerks was fixed in the scale of Rs. 730 -1080 and Rs. 785 -1210, which was approved for the secretarial assistant. As such the revised scale of Rs. 785 -1210 was Rs. 1500 -2750, which the petitioners have been denied by keeping them in the scale of Rs. 1200 -1800.