LAWS(JHAR)-2017-1-95

VIVEKANAND SINGH Vs. STATE OF JHARKHAND

Decided On January 30, 2017
Vivekanand Singh Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) On a plea that claim for payment in the pay-scale of class-IV post has been declined vide order dated 21.05.2015 in complete ignorance of Office Order dated 11.04.2002 whereby other similarly situated persons were granted similar benefits, this writ-petition has been filed.

(2.) Heard.

(3.) The petitioner no.1 was appointed in the year 1978 and the petitioner no.2 was appointed in the year 1981. When their services were not regularized on a class-IV post, they came to this Court in W.P.(S) No.1740 of 2006. During the pendency of the writ-petition, they were regularized in service vide order dated 16.02011. They had claimed arrears in the minimum wages for the period between Sept., 2007 to 16.02011, i.e., till the date of their regularization in service. The writ petition was disposed of on 16.01.2013 granting liberty to the petitioner to approach the Engineer-in-Chief, Minor Irrigation Department, Government of Jharkhand for payment of minimum wages "also for the period prior to 16.02011". By a subsequent order, they were paid wages in the minimum scale of pay for the period between Sept., 2007 to 16.02011, however, no order in respect of claim for payment in the minimum scale of pay prior to 2007 was passed and therefore, the petitioners came before this Court in Contempt Case (Civil) No.439 of 201 It appears that another Contempt Case (Civil) No.13 of 2015 was also preferred by the petitioners, in the proceeding of which order dated 21.05.2015 was produced. This is the order by which petitioners' claim for the period prior to 2007 has been declined.