Jharkhand High Court
Laghu Sinchai Karmchari Sangh Etc. vs State Of Bihar And Ors. on 8 April, 2002
Author: S.J. Mukhopadhaya
Bench: S.J. Mukhopadhaya
ORDER S.J. Mukhopadhaya, J.
1. In these cases, the petitioners have prayed for regularisation of services/or regular appointment of their members or those who are working in Minor Irrigation Department of the State.
2. The case of the petitioner's Association of CWJC No. 10238 of 1998 is that there are 53 members named at paragraph No. 3 working as Pump Operator, Khalasi etc. Since long, but their cases have not been considered for regularisation/regular appointment as per the policy decision of the Government, as contained in Resolution No. 5940 dated 18th June, 1993.
3. It is also alleged that those members have not been paid wages of certain period, as shown at paragraph '4' to the writ petition.
4. According to the petitioner-Association of CWJC No. 10277 of 1998, their members named at Paragraph '3'. who are also working on daily wage since long, their cases also have not been considered for regularisation/ regular appointment and they have also not been paid wages of certain period.
5. The petitioner Surendra Prasad Rao and three others of CWJC No. 11028 of 1998 have also made similar prayer for regularisation of their services, as working on daily wage since long.
In the counter affidavit filed by the Respondents in one or other writ petitions, almost similar plea taken that an agreement took place between the Government and different Associations in the year 1992 for regularisa-tion of services and by the Department of Personnel and Administrative Reforms Resolution No. 5940 dated 18th June, 1993. it was decided to give priority to those engaged and servicing since before 1st August, 1985. There are about 3200 daily wagers and 314 Workcharge employees are working under different Regional Offices to look after the Minor Irrigation Scheme.
6. The counsel for the parties brought to the notice of the Court that in a similar case in respect to daily employees of Minor Irrigation/Irrigation Department, certain orders were passed by the learned single Judge of Patna High Court for regularisation of services and such matter moved upto the Supreme Court in the case of State of Bihar v. Laghu Sichal Karmchari Sangh and Ors. in SLP (Civil) No. 18164 of 1999 and analogous cases. In the said case, the Supreme Court, vide its order dated 30th October, 2000 taking into consideration the Scheme dated 18th June, 1993 directed the State of Bihar to take steps to constitute a Committee for implementation of the Scheme aforesaid, depending upon the number of vacancies available, from time to time.
7. In view of the fact that the existing State of Bihar was reorganised and since 15th November, 2000, the State of Jharkhand was created, as on the State of Jharkhand from its Water Resources Department also came out with letter No. 10/2001 dated 9th October, 2001 (forwarding Memo No. 2159 dated 7th November, 2001) asking all the Chief Engineers of Water Resources Department, Jharkhand, Ranchi to forward the list of daily wage employees who are engaged prior to 1st August, 1985 on the basis of their seniority and strength of posts.
In the aforesaid background, as the State of Jharkhand have also taken steps as per Supreme Court's decision and the members of petitioner's Association or individual petitioners are stated to be working within the State of Jharkhand, they are given liberty to approach the Secretary, Water Resources Department, Government of Jharkhand, Ranchi who, in its turn, is directed to enquire as to whether the members of the petitioner's Association and other individual petitioners are working on daily wage and thereby are entitled for regularisation regular appointment, as per the Scheme dated 18th June, 1993 and, if so, be given benefit, as per the Scheme aforesaid and the decision of the Supreme Court in SLP (Civil) No. 18164 of 1999. If necessary, their names be also considered along with those whose names have been forwarded by the Chief Engineers in pursuance of letter No. 10/2001 dated 9th October, 2001 issued by the Water Resources Department of the State of Jharkhand and pass appropriate orders within six months.
So far as arrears of salary of one or other members of the Association or individual petitioners is concerned, they will move independently before the Secretary, Water Resources Department, Government of Jharkhand, Ranchi who will decide such issue and communicate its decision within three months and if any amount is found payable, be paid to such individual within a month thereof.
All the writ petitions stand disposed of with the aforesaid observations and directions.