The Petitioners had filed an application under Article 226 of the Constitution of India seeking amendment in the cause title in respect of respondents No.3 and 4. It had been asserted that the Petitioner, who being labourers, even after been classified as permanent employees, had not received any benefit of the regular pay scale.
It was clarified by the Court that when the classification of the Petitioners was intact, the Petitioners shall be paid minimum of the pay scale as admissible to the post on which they had been working. Hence, the application was allowed.
Learned Counsel for the Petitioners submitted that he had already filed an amended copy of the petition seeking to get Petitioners, who happen to be the labourers further submitted that despite having been classified as permanent employees, they had not received any benefit of the regular pay scale.
It was also submitted by the Counsel for Petitioners that such identical petitions regarding the benefits flowing from an order of classification had already been disposed of by a Co-ordinate Bench of this Court.
The Petitioner filed the present petition under Article 226 of the Constitution of India. The petition prayed to declare the impugned action on the Annexure P-1 of the Respondents as illegal and to quash the same.
The Petitioners also prayed that the Court direct the Respondents to give the benefit of regular/ minimum pay scale to the Petitioners according to the posts on which they had been working. They further prayed that be classified as permanent employees and paid the difference of arrears on such fixation of pay scale from the order date of classification along with interest at 18% p.a. This figure was quoted by the Petitioners, as per the law laid down by the Hon’ble Supreme Court in the case of Ram Naresh Rawat vs Sri Ashwini Ray And Ors.
Another relief prayed for by the Petitioners was the regularization of their service by the Respondents.
Observations by Court
The Court observed that similar issues had been adjudicated at the said Court as in the case of Ram Naresh Rawat Vs. Ashwini Ray And Ors. The Court had then clarified in the case, that if once employees were conferred the status of permanent employees by the Court and it had been categorically held that they were entitled to the regular pay attached to the post they had been working on, not only the pay should then be fixed in the regular pay scale, the Petitioners would even be entitled to the other increments attached to the said post. But it would depend only on the regularisation in service which would entail grant of increments etc. in the pay-scale.
The Court also considered that in some earlier cases, the State Government while fixing the pay scale had granted increments as well. However, if some persons would get the benefit wrongly, that would not form the basis of claiming the same relief. It is trite that right to equality as under Article 14 should not be in negative terms, as in the case of Indian Council of Agricultural Research & Anr. v. T.K. Suryanarayan & Ors.
With the aforesaid directions, the present petition was disposed of by the Court.
Given the submissions and prayers by the Petitioners, it was further directed that in case the classification of the Petitioners was found to be intact. The Court held that the Petitioners shall then be paid minimum of the pay scale admissible to the post on which they had been working. Further, the Court directed that the Petitioners should be classified as permanent employees, but without any increment. Moreover, if any arrears were worked out, the same shall have to be paid as soon as possible, within three months.
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