LOCHAN MAHTO Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-9-85
HIGH COURT OF JHARKHAND
Decided on September 19,2013

Lochan Mahto Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) The petitioners have approached this Court with the following prayers:-- (i) For issuance of an appropriate direction in the nature of certiorari for quashing the order as contained in memo Nos. 513 and 1686 dated 24.2.2012 and 17.7.2012 issued by respondent No. 2 rejecting the claim of the petitioners for payment of their salary on the basis of minimum pay scale. (ii) For issuance of an appropriate direction in the nature of certiorari for quashing the order as contained in memo No. 174 dated 21.1.2009 issued by respondent No. 2 whereby the daily wagers like the petitioners have been directed to be paid their salary, which they were getting prior to issuance of letter No. 2409 dated 10.9.2007 i.e. at the rate of daily wagers only and thus, they have been deprived of getting the minimum of pay scale. (iii) For issuance of an appropriate direction in the nature of mandamus commanding the respondents to forthwith release the entire arrears of difference of salary with interest with respect to the petitioners. The brief facts of the case are that, the petitioners were appointed between the years 1979 and 1985. Petitioners have been regularised in service on 18.3.2011, however, they have approached this Court for grant of minimum of pay-scale at the lowest grade for certain period prior to the order of regularisation. In support of their case, the petitioners have relied on several orders passed by the High Court, one of which attained finality as Special Leave Petition preferred by the State has been dismissed by the Hon'ble Supreme Court.
(2.) A counter affidavit has been filed denying the claim of the petitioners.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;


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