- (1.) Heard counsel for the parties.
(2.) Petitioners have sought a mandamus upon the respondents to fix the salary of the petitioners in regular scale of pay together with the dearness allowance as admissible to other regular employees of Damodar Valley Corporation, with effect from the year 1996 in the revised scale of pay of Rs. 3050-4590. Petitioners have also sought for payment of arrears of pay and allowances as revised with effect from 1996 together with interest for the delay in such payment.
(3.) The case of the petitioners is that they were engaged after proper advertisement, interview and selection in the year 1981 to perform the work of Guage Reader in the corporation for the period of five months every year during the monsoon period. These petitioners have since 1981 been regularly engaged / appointed each year till the year 1998 on the basis of regular scale of pay as per their appointment orders issued each year by the respondent corporation, some of which have also been annexed as annexure-1 series to the writ petition. The ground taken by these petitioners for being aggrieved is that subsequently from 1998 onwards, they have been engaged for the period of five months in monsoon every year, but not on regular scale of pay as done for the last 17 years, but on consolidated pay without the benefit of dearness allowances as alsothe medical reimbursement of the family and dependents of the employee. The submission made on behalf of the petitioners is that there are permanent vacancies in the respondent corporation each year for the said monsoon period of five months and these petitioners have been regularly engaged every year for the period of five months, although on the basis of appointment letters issued each year. Therefore, the benefit of regular scale of pay could not have been denied to them along with the revision made in respect of them by the corporation on the recommendation of pay revision committee from time to time. Counsel for the petitioners also submits that the petitioners' family and their dependents have been getting the benefit right from the year 1981 which have been illegally and arbitrarily withdrawn by the new terms of offer made in the appointment order issued from the year 1988 onwards. It is the case of the petitioners that the action of the respondent corporation and its instrumentalities is not only illegal but also wholly inhuman and harsh and the petitioners are pitted against the mighty corporation and are placed under unequal bargaining position in the matter of acceptance of their engagement each year on the varied and changed terms and conditions of engagement. Petitioners therefore pray that that the respondents be directed to grant them the same benefit of regular scale of pay from 1998 and onwards each subsequent year during the period of engagement of five months in the monsoon period under the corporation. Counsel for the petitioners submits further that the engagement of these petitioners are on identical lines with those employees or persons who are engaged under the Central Water Commission in similar nature of work in work charge establishment under Damodar Division of Central Water Commission and they are being granted regular scale of pay.;