MAHENDRA GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned counsel for the petitioners as well as Mr. Rakesh Kumar Shahi, learned A.C. to A.A.G. appearing for the Respondent-State.

(2.) In the accompanied writ application, the petitioners have, inter alia, prayed for setting aside the impugned order dtd. 18/1/2012 (Annexure-7), whereby, their services have been reverted from regular employees to daily wagers and the petitioners have further prayed for restoration of their status of permanent employees which they were holding prior to 18/1/2012 and also for grant of benefits of ACP.

(3.) Shorn of unnecessary details, the facts, as has been delineated in the writ application, in a nutshell, is that the petitioner nos. 1, 2 and 3, who were working on daily wages, were appointed as mess servants and the petitioner no. 4 was appointed as 'Adesh Pal' against the sanctioned and vacant posts by the order of the competent authority i.e. Principal, Jail Training Institute, Hazaribagh (respondent no. 4). After rendering satisfactory services, the petitioners were confirmed in the services in pursuance to the order dtd. 13/2/1999 by the respondent no. 4, as evident from Anexure-4 to the writ petition. After being permanently absorbed in the post, the petitioners have been granted revised payscale alongwith Medical allowances and House Rent Allowances. While continuing, as such, the petitioners also represented before the respondents for grant of ACP and the representation of the petitioners was duly considered by the respondent no. 3 but the petitioners have been informed that they are not entitled to the benefit of the A.C.P. but were only entitled to the daily wages for the work done as per the letter dtd. 18/1/2012 vide Annexure-7 to the writ application, which is impugned in this writ petition. It has further been averred in the writ petition that the petitioners have been working since 1987, 1992 and 1994 and after rendering satisfactory services, they have been permanently absorbed as a regular employee. Being aggrieved by the impugned order dtd. 18/1/2012 vide Annexure-7 to the writ application, the petitioners have been constrained to approach this Court under Article 226 of the Constitution of India for redressal of their grievances.