- (1.) HEARD counsel for the parties.
(2.) THE petitioner's grievance is that he has been engaged as Waterman by the School Management since the year 1983 and despite the fact that since the date of his initial engagement his services have been continuously taken, his services have not been regularized by his appointment to the sanctioned vacant post. Learned counsel 'for the petitioner informs that earlier the petitioner had ventilated his grievance by filing a writ application vide W.P.(S) 404 of 2004 and the same was disposed of with a direction to the concerned authorities of the respondents to take appropriate decision in the matter within the stipulated period. The respondents had taken a decision refusing the petitioner's claim on the ground that there is no permanent sanctioned post of peon in the Water Resources Department although assurance has been given that as and when the future vacancy arises, the case of the petitioner would be considered. Learned counsel adds further that the petitioner has not even been paid the minimum wages payable under the Minimum Wages Act to an unskilled labourer and the wages paid to the petitioner is a paltry sum of Rs. 400/ - per month. Learned counsel for the respondent State submits on the other hand that the decision on the petitioner's case was taken inasmuch as, since no vacancy does exist at present, he could not be appointed on regular basis. It is further contended that the petitioner's services are being taken as a part time Waterman and therefore the wages which has been fixed for a part time worker is being paid to the petitioner.
(3.) LEARNED counsel for the petitioner informs at this juncture that as a matter of fact another employee namely Sri Dhaneshwar Ram, who was also initially employed as a Peon on the substantive post in the same school where the petitioner's services are being engaged, has now been absorbed in the office of Chief Engineer, Water Resources Department creating thereby a vacancy in the school itself and another Peon Banshi Singh, who was also employed in the same school, has died and a vacancy has also been created upon his death and though the respondents ought to have taken proper steps for regularization and absorption of the petitioner against the sanctioned post. Learned counsel adds that the above claim as made by the petitioner even in the writ application has not been denied by the respondents in the counter affidavit.;