SANJAY KUMAR DWIVEDI - (1.) Petitioners preferred this writ petition for granting regular pay-scale along with other benefits including increment, D.A., T.A., P.F. etc. in regular scale. The petitioners have also prayed for a direction upon the respondents to regularise the services of the petitioners, who are casual workers working in the respondent department.
(2.) It is contended by counsel for the petitioners that the petitioners are employees of Jharkhand State Pollution Control Board and they are continuously discharging their duties without any complaint from any corner. The petitioners have moved before the Hon'ble Patna High Court, in C.W.J.C. No. 1486 of 1992, which was disposed of vide order dated 24.09.1992. Mr. Rajesh Kumar, counsel for the petitioners, further submits that the petitioners of this writ petition were also parties in the aforesaid writ petition filed before Hon'ble Patna High Court. The aforesaid writ petition was disposed of vide order dated 24.9.1992, with a direction that since the petitioners had acquired experience, therefore, if they are qualified to be appointed against relevant post preference would be given whenever there occurs a vacancy in the regular post. After reorganisation of the State of Bihar, Jharkhand State Pollution Control Board came into being on 09.9.2001 and the petitioners became the employees of Jharkhand State Pollution Control Board with effect from 16.1.2002. The Jharkhand State Pollution Control Board, in its 7th meeting held on 25.6.2004, decided that such employees who are working on temporary posts would continue as such and so far as the matter relating to their salary and other benefits is concerned that same was to be placed before the Board. In the subsequent meeting of the Board held on 02.8.2006 a proposal was made that temporary employees in view of the recommendation of three members committee should be given basic wage and Dearness Allowance and it was decided that temporary employees would be given the same wages as being paid to the regular employees holding the same posts and the question of Dearness Allowance would be considered on the next date. Mr. Rajesh Kumar, appearing for the petitioners submits that decision in this regard has been taken by the authorities, but, inspite of that nothing fruitful has come on the record.
(3.) Mr. Prabhash Kumar, appearing for the Jharkhand State Pollution Control Board, submits that in the 14th Board meeting dated 25.4.2008 of the Jharkhand State Pollution Control Board, the Chairman, Jharkhand State Pollution Control Board was authorised to take necessary action in respect of payment of basic pay and all other allowances with respect to the post of casuals employees of the Jharkhand State Pollution Control Board. Mr. Prabhash Kumar further submits that Jharkhand State Pollution Control Board, in its 32nd Board meeting held on 16.3.2017, on Agenda No. 10 relating to 7th Pay revision decided the following: (i) Necessary action be taken according to the consent of department of Finance, Govt. of Jharkhand (ii) Approval of State Govt. be obtained on the proposal of regularisation of services of casual staffs. It is further submitted that in compliance of decision of the Board meeting held on 16.03.2017, a detail of casual staffs working in the Board was sent to the administrative department-Forest, Environment and Climate Change, Govt. of Jharkhand vide Board ref no. B-1284, dated 16.05.2017 and reminder vide ref. no. B-1844, dated -04.09.2017. The approval was sought for as per the provision of Rule 3(B-iii) of the "Irregularly Appointed and Working Staffs under Govt. of Jharkhand Services Regularisation Rules, 2015"?. ;