Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has interalia prayed for issuance of mandamus commanding upon the respondents for payment of salary for the weekly holidays.
(2.) The brief facts as has been delineated in the writ application is that petitioner was appointed on 27.09.1973 as Chaukidar in Class-IV posts in State Institute of Rural Development, Hehal, Ranchi. From the date of appointment, the petitioner has not been granted the weekly holidays specially on Sunday nor being paid any salary. In pursuance to the representation given by the petitioner to the competent authority for grant of holidays, the petitioner was informed that as per the Government circular, there is no provision for providing gazetted leave and weekly holidays, as the duty of Night Guard comes under the emergency duty as per 'Annexure-2 to the writ application. In the year 1992, charges were framed against the petitioner for taking leave and in the said charge, it was mentioned that the petitioner took weekly leave on Sunday which is a misconduct and negligence in violation of Bihar Service Code and Conduct Rules as per charge sheet dated 07.01.1992 vide Annexure-3 to the writ application. In pursuance to the said departmental proceeding, the petitioner was suspended. On 04.04.2008, the petitioner submitted representation (vide Annexure-5) before the respondent no.3 for making of compensatory payment as the petitioner was denied the weekly holidays (Sunday) as well as gazetted holidays under N.I Act since the date of his appointment w.e.f. 28.09.1973. Thereafter, the petitioner sought for information under RTI Act as to whether Night Guard is entitled for weekly holidays or any other holidays as per Annexure-6 and 6/1 and the Establishment officer of the State Institute of Rural Development (SIRD) informed the Public Information Officer that there is no government order/circular which prohibits weekly holiday to Night guard including the petitioner as evident from Annexure-7 to the writ petition. It has been averred in the writ application that as per provisions of Minimum Wages Act, employee/workman is entitled for weekly holidays and it is mandatory for the employer/authority to provide weekly holiday.
(3.) Being aggrieved by inaction of the respondents for not granting weekly holidays as well as other gazetted holiday, the petitioner left with no other alternative, efficacious and speedy remedy, has knocked the door of this Court under Article 226 of the Constitution of India for redressal of his grievances.;