JUDGEMENT
APARESH KUMAR SINGH -
(1.) HEARD learned counsel for the parties. The petitioners have approached this Court for a direction to the respondents to make payments of arrears of salary to them after the year 2002 till date for working on the post of road roller driver in Public Works Department, Road Construction Division, Dhanbad since 1988 -89 without any break of service.
(2.) According to the petitioners, they were appointed on daily wages under the Coal Mines Area Development Authority in the month of May, 1988. Thereafter their services were transferred to the Department of Public Works, Dhanbad in Road Construction Division by an order dated 10th April, 1989 and since then they have been working as daily wages and have been regularly discharging their duties.
(3.) THE petitioner had earlier come before this Court being aggrieved by an order dated 4th June, 2002 passed by the Deputy Secretary, Government of Jharkhand, whereby the services of the daily wages employees, who were appointed after 1st August, 1985, were terminated, in WP (S) No. 5933/2002 which was disposed of by an order dated 31st July, 2003 by directing the respondents to consider the case of the petitioners as and when regular appointment would be made and also to give necessary relaxation in terms of age and past experience of the petitioners (Annexure 2). The petitioners thereafter preferred LPA No. 569/2003, which was dismissed on 11th December, 2003 upholding the order passed by the learned Single Judge. It is the contention of the petitioner that thereafter work has been taken from them and the petitioners relied upon the letters contained in Annexure 3, issued by the Executive Engineer, Road Construction Department, Dhanbad dated 1st August, 2002 to suggest that the concerned official has informed the superiors that petitioners and other daily wages employees were stopped from discharging their duties. Counsel for the petitioners submits that the respondent -official thereafter continued to take work from them without paying any salary. On these grounds, the petitioners being aggrieved have approached this Court after their representations were not responded.;
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