- (1.) HEARD counsel for the parties.
(2.) THE writ application has been preferred by the petitioners, who are 58 in numbers, said to be working on contractual basis since 2008 or 2010 who are asking for an increase in their contractual remuneration to the tune of Rs. 14,748/ - per month since July 2013 on the strength of a resolution of the Finance Department contained in Annexure -9 dated 20th April 2013 and Annexure -10 dated 29th May 2013. They have also raised a grievance that from April 2013 onwards, earlier remuneration @Rs. 8,750/ - per month is also in arrears and as a matter of fact, since July 2013, they have not been paid any amount at all.
(3.) THE basic facts which are necessary to be noticed in order to arrive at a determination of question raised in the present writ application, are being narrated herein -under: These petitioners were engaged on contractual basis in different offices of the Commercial Taxes Department, Government of Jharkhand as Data Entry Operator by the competent authority in the years 2008 and 2010 on a monthly remuneration of Rs. 5,100/ - per month. Petitioners no. 1 to 29 are said to be working since 2008 pursuant to the such appointment; petitioners no. 30 to 58 are working since 2010 as Data Entry Operator in different offices of the Commercial Taxes Department. Their period of engagement was extended from time to time and are stated to be continuing to discharge their duties. One such letter of 2 extension of services of these Data Entry Operators for the period 01st April 2011 to 31st March 2012 is annexed as Annexure -6 dated 7th April 2011. Monthly contractual remuneration of these Data Entry Operators were increased to Rs. 8,750/ - by Annexure -7 dated 4th July 2011 issued by the Secretary, Commercial Taxes Department. By Annexure -8 resolution dated 20th January 2012, a decision was taken to give the benefit of lump sum increase in the contractual remuneration of such persons engaged as Computer Operator / Data Entry Operator through outsourcing in Secretariat and its attached offices as also in other offices such as Treasury / Sub Treasury under the State Government. A perusal of Annexure -8 indicates that a demand was raised by such contractual employees engaged in Data Entry work in Secretariat and attached offices for increase in the contractual remuneration upon implementation of the 6th Pay Revision to the State Government employees. On consideration of the relevant aspect, a decision was taken by the competent authority conveyed through the Finance Department that on the basis of 'equal pay for equal work', similar remuneration be given to those Computer Operators engaged on contractual basis as aforesaid. Annexure -9 is another resolution dated 20th April 2013 which deals with the subject of increase of monthly contractual remuneration to such employees engaged in the offices of the State Government on contract basis in view of the increase in dearness allowance to the State Government employees. It also refers to an earlier resolution no. 965 dated 25th March 2009 of the Finance Department whereunder, the benefit of increase in contractual remuneration to such employees was given taking into account the admissible dearness allowance, medical allowance and transport allowance. The resolution at annexure -9 after referring to the earlier resolution dated 25th March 2009, takes into account that such demand were being raised by contractual employees engaged under the State for increase in dearness allowance from 22% which was earlier admissible, to 72%. 3 Therefore, upon consideration of relevant aspect of the matter, a decision to increase such dearness allowance from 22% to 72% was taken by the said resolution dated 20th April 2013 in respect of the contractual employees engaged under the different offices of the State Government. The import of such resolution is that the monthly contractual remuneration of such persons should be calculated on the revised pay band and the grade pay of the post held along with 72% dearness allowance, medical allowance and transport allowance as are admissible. The amount so derived would be equivalent to their monthly contractual remuneration. Rest of the terms and conditions of the earlier resolution dated 25th March 2009 were to continue. The instant resolution was made effective from 01st April 2013.;