IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 240 of 2003
With
L.P.A. Nos. 241 of 2003 & 242 of 2003
------
The State of Jharkhand and Ors. .... .... Appellants
Versus
Banwari Choudhary .... .... Respondent
(In LPA No. 240/03)
Satya Narain Singh and Ors. .... .... Respondents
(In LPA No. 241/03)
Durjan Yadav .... .... Respondent
(In LPA No. 242/03)
----
CORAM: HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MRS. JUSTICE JAYA ROY
---
For the Appellant(s) : Mr. Rajesh Shankar, SC-I, J.C. to SC-I.
For the Respondent(s): Mr. Rajiv Sinha.
____
10/27.07.2009
. Reference may be made to the Orders dated 23.3.2009
and 04.05.2009, which are quoted herein-below;
Order dated 23.03.2009:- In course of argument, the learned
counsel appearing for the appellants, in the light of the
earlier order passed in this appeal dated 9.2.2009, prays for
some time so that the appellants will be in a position to
take a decision. The learned counsel further submitted that
those respondents, who were not regularized, have now
produced Class-VIII certificates and decision shall be taken
at the earliest.
Hence, we adjourned the hearing of the appeal till 4th
May, 2009. Within that time, the respondents must take a
decision and file an affidavit in support thereof.
Let a copy of this order be given to the learned
counsel for the respondents.
Order dated 4.5.2009:- Reference may be made to the order
dated 23.3.2009, in which, the appellants are directed to take
a decision with regard to regularization of the respondents
who have produced their necessary educational certificates.
Learned counsel appearing on behalf of the appellants
submits that the Principal Secretary, Department of
Building Construction, who has to take a decision, is out of
State in Election-Duty as an Observer and a prayer has been
made for extension of time.
Prayer is allowed. Time is extended to 27th May, 2009
to enable the appellants to take a decision.
Let a copy of this order be given to the learned
counsel appearing on behalf of the appellants.
In view of the aforesaid orders, a supplementary affidavit
has been filed by the appellant- State on 8.7.2009 wherein, it has
been stated inter alia that in pursuance of the Orders, a meeting of
-2-
the Establishment Committee was held and some of the
respondents, who have fulfilled the requirement, have been given
appointment. However, some of the respondents, i.e. Banwari
Choudhary (respondent in LPA No. 240/2003) and Sri Durjan
Yadav (respondent in LPA No. 242/2003) have not been considered
for appointment against Class-IV posts as they failed to produce
their certificates.
It is further stated that the Committee took a decision to give
priority to only those daily wage workers whose certificates would
be found correct after verification done by the concerned Deputy
Commissioners.
Learned counsel for the respondents very fairly submitted
that in view of the decision taken by the appellant-State, as stated
in the supplementary affidavit, there is no need to proceed further
in this matter.
However, with regard to the direction given by the learned
Single Judge in the impugned judgment, for payment of wages at a
minimum pay scale is concerned, it is modified to the extent that
after regularization of their services, the concerned employees will
be entitled to get their wages at the particular scale. So long as
some of the respondents, so continued on daily wages, shall be
entitled to the wages, as prescribed.
Accordingly, all the Letter Patents Appeals stand disposed
of with the aforesaid observations and directions.
(M.Y. Eqbal, J.)
(Jaya Roy, J.)
Anu/-