- (1.) Heard learned counsel for the parties. The petitioner is seeking direction upon the respondents to pay arrears of salary from 1996 onwards for the post of Steno-Typist-cum-Junior Accounts Clerk. The basis for making such prayer, according to the petitioner, is the direction passed earlier in W.P.(S) No. 2962 of 2001 (Annexure-1) dated 8.3.2002. In the said writ petition, the petitioner had earlier sought direction upon the respondents for payment of arrears of his salary from June 1996. Learned single Judge of this Court after considering the rival submissions of the parties had passed following order; In view of the admitted facts, as aforesaid, I disposed of this writ application by passing the following order:-- i) the respondents shall immediately and forthwith and not later than 30 days from today, release the entire wages/salary payable to the petitioner for the post of pump Operator in which he was initially appointed. ii) the respondents shall, within the aforesaid period, consider the case of the petitioner for regularization on the post of steno-typist/Junior Accounts Clerk and shall pay the scale of steno-typist/Accounts Clerk at par with the other regular Steno Typist/Accounts Clerk after deducting/adjusting the wages to which the petitioner was entitled for the post of pump operator.
(2.) It is the contention of the petitioner that the respondents have, however, given salary for the post of Pump Operator for the period in question and not paid salary for the post of Steno-Typist-cum-Junior Accounts Clerk on which the post the respondents have made the petitioner to work since 1996. On the basis of some documents brought on record by way of rejoinder filed by the petitioner, it is submitted on behalf of the petitioner that his appointment on the post of Junior Accounts Clerk was provisionally approved and he was also paid the scale of Junior Accounts Clerk from 1.10.1995 to May, 1996. The respondents have, however, failed to make further payment of the scale of Steno-Typist/Junior Accounts Clerk to the petitioner for the relevant period i.e. from 1996.
(3.) The respondents have appeared and filed their counter affidavit. They have taken a specific stand that in deference to the directions passed by the learned single Judge of this Court in the writ petition being W.P.(S) No. 2962 of 2001, the respondents have regularized the services of the petitioner on the post of Typist in the scale of 4000-100-6000 as per office order contained in memo No. 1290 dated 9.7.2004. Learned counsel for the respondents has relied upon the judgment of the Hon'ble Supreme Court in the case of State of Bihar & Ors. Vs. Laghu Sichai Karmchari Sangh & Ors. rendered in S.L.P. (Civil) No. 18154 of 1999 vide judgment dated 30.10.2000, Annexure-A to the counter affidavit. Learned counsel for the respondents submits that the following directions were passed by the Hon'ble Supreme Court in respect of the regulation of such daily wages workers and the State was directed to take steps to constitute necessary committee and to implement the scheme depending upon the number of vacancies available from time to time. The relevant operative portion of the said judgment is quoted herein-below; We are of the view that the regularization of the writ petitioners should be done in accordance with the procedure indicated in the scheme dated 18.6.1993 and it should apply to the persons who satisfy all the conditions mentioned in the scheme. The direction given by the learned Single judge that pending regularization of these daily-wage workers, they should get the minimum of the pay scale, is set aside. The State of Bihar will take steps to constitute necessary committee and will take expeditious steps to implement the scheme depending upon the number of vacancies available time to time.;