DINESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction, commanding upon the respondents to regularize the services of the petitioner, who has been continuously working as "Survey Khalasi  since 22.2.1982 till date on daily wages against sanctioned scheme vacant post in the Minor Irrigation Division, Ranchi, without any leave/break in service. Further prayer has been made to direct the respondents to give the petitioner the benefit of continuity in service and pay the same salary to the petitioner, which is being paid to the other similarly situated regular employees, who are doing the same nature of job on the principle of equal pay for equal work. The petitioner has also prayed for a direction to the respondents to make payment of arrears of wages to the petitioner from 1.6.1994 to 20.12.1995, 31.3.1997 to March, 2000 and thereafter from 13.1.2001 till date except for some payments made in between as well as to pay month to month salary and for payment of bonus and other admitted dues, which has not been paid to the petitioner though regular work has been taken from him without any break/leave.

(2.) LEARNED counsel for the respondents submits that the petitioner is entitled for the arrears of salary for the period during which he has worked i.e. from 1.6.1994 to 31.3.2000.

(3.) BE that as it may, at least the petitioner is entitled to salary for the period he has actually worked. To that extent the respondents are directed to clear the arrears of salary and consider the claim of the petitioner for regularization in accordance with the seniority position in the list prepared as per the scheme and pursuant to the direction of the Honble Supreme Court in S.L.P.(Civil) No.18164 of 1999 and analogous cases, as and when vacancy arises, in accordance with law.