Dismissed

Satyawat Mahapatra and Ors. v. the State of M.P. and Ors.

Chhattisgarh HC14 Jul 2014WP/1313/1995

Case brief

AI extract

What is this about?

Daily Wages/Contingent Employees of the erstwhile Bilaspur Development Authority filed a writ petition for regularization, seniority, and equal pay. The court held the petition infructuous as the authority was abolished and services regularized, and denied equal pay on ground of different classes.

What did the court decide?

None granted. Regularization prayer held infructuous due to merger/abolition; equal pay and retrospective seniority denied as not admissible.

Satyawat Mahapatra and Ors. Vs the… — Pension and Retirement Benefits | Chhattisgarh HC (2014)

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IN 2HS HIGt^COURS_Ce*_MADHra.PSADESH M',JABALEiOR.-',::'^i|gj WRI'X PE'21'.EIOK .NO._l^Vb /1995 ^'^^^Slsi .^.'.•s^ PE'riTIOKERSt- 1) Satyawaat Mahapatra s/e late; vs!t3 :'.'^;^^ Shri DoB. Hahapatra, aged abeub : a 27 years» sccupatisn E«rvice» , presently wsrkisg as Clerte IR . , Bilaspur Develspment Authority^ - ^' • '^ Bilaspur* 2} Ku. Shashibala: Naidu d/a K.S. Naidu^. - : aged abou-t 31 years., ®ccupat.isn service» presently wsrking as GlerK1 in Bilaspur Develspnect Autbsrit.y, : Btlaspur.y , ;,;'~ 3) Sat* Suj»ta C.L.. Meshran w/®C,I<* M8staran» aged abeafe 33 years,' ; '| ;B sccupatiwi service* presently warklaiglg as Clerk.in Bilaspur Develcpmen-t. ;; : g ^ Au-thsrity, Bilaspur* 4) Harprasad Yadav s/s Samelal Zadav* aged abaut 32 years, eccupatian seEvice, presently warlcing as P;esn la Bitaspiir Develapnent Autharity, Bilaspur*

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Ramayaa Kaushi.ie s/o Sarjugrasad, • Kaushl)t» aged28 yesis, i»ccupafcl»n 1 service» present 'war'lcJ.ng as Pe®n• :,1 •!-,:•;! in Bilaspur Bevelspment Auth9Fifex»; Bllaspur.^ . - : ^ 1'1.'^'::'"^:.1.! llliJ%1

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6} Kumar Lahere s/@ Bhukkulal Lahere, a( : .'•'.aissa about 33 years^ accusat.isn servicej, ;-":^'SSi! .:'1'^B88 presently iiierking as Sub-EBgineer IB •W^99;y;:':ii?a Bilaspur Develsipiaent Auth»rity> Bilaspur»

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RBSPONBEN'rSt- 1) Sfcate »f;Hadhya Pradesh thraugh the.^ Secretary, Department sf Heusing an6 EnyirBtsnen-t» Vallabh Bhawan.r • Bhepal» : ,

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Bilaspur Dsvelspment Aufchsrity thrsygb Chief Executive Officer» Bilaspur. .

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PEZIIION UNOER AR'I.ECLB 226 SF IHE CQNSTIIUTION1 aF XNB3Saffij'-I'Hi3

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FOR ISSQAKCE OF WBIT IW IHE HAIHRE OF MAHDaWUS^ 0§I^|..ig IICN.AND SOS. SUIIABLE-U&II OR 1SRISS, DIRBS2ICB <» . •.||g • M.RBCTIOBS, £&DER.ai,.^iRDSRS, . . ii:;'i ii:;'i

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HIGH COURT OF CHHATTISGARH, BILASPUR

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SINGLE BENCH : HON'BLE SHRI PRASHANT KUMAR MISHRA, J.

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W.P.No. 1313 of 1995

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PETITIONERS Satyawrat Mahapatra and others

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Versus

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RESPONDENTS State of Chhattisgarh and^ another

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Shri Amit Verma, Advocate appearing on behalf of Shri Ashish Shrivastava, counsel forthe petitioners. Shri Majid Ali, Panel Lawyer for the State.

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O.RAL ORDER

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(14.07.2014)

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This writ petition has been preferred by the Daily Wages/Contingent

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Employees of the erstwhile Bilaspur Development Authority seeking the following reliefs :-

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"(i) to issue a writ in the nature of mandamus directihg the respondent No.1 State Government to immediately accord sanction to the Bilaspur Development Authority for creation of additional posts;

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(ii) Direct the respondent no.2, Bilaspur Development Authority to regularise the services of the petitioners immediately granting them seniority with effect from the date of their first appointment in the services ofthe Development Authority;

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(iii) Issue a writ in the nature of mandamus directing the respondent/Bilaspur Development Authority to pay equalpay for equal work to the petitioners i.e. to pay remuneration and other benefits at par with the regular employees forthwith; w.e.i. initial date of appointment;

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(iv) Issue any other wriVwnts, direction/directions, order/orders deemedjust and proper in the circumstances of the case; and

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(v) Costs of the petition may also be granted in favour of the petitioners."

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'SiSSIfc.^'^tl,

Indisputably, during pendency of the writ petition, the Bilaspur Development Authority has been abolished and the assets and liabilities of the said Authority have merged in the establishment of Municipal Corporation, Bilaspur. In the return filed by respondent No.2 Bilaspur Development Authority it is mentioned that the services of the petitioners have already been regularized. Thus, the prayer for creation of post and consequent regularization has been rendered infructuous. In so far as relief of grant of seniority from the date of initial appointment is concerned, it is settled law that a Daily Wages/Contingent Employee has no right to be regularized with retrospective effect. Similarly relief of equal pay for equal work by comparing them with the regular employees cannot be allowed because they are two different classes.

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In view of the above, the writ petition has become infructuous in part in so far as relief of regularization is concerned and remaining part of the relief is not admissible.

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The writ petition is accordingly disposed of.

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Sd/-

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Prashant Kumar Mishra Judge

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Satyawat Mahapatra and Ors. v. the State of M.P. and Ors.

Case brief

What is this about?

What did the court decide?

Satyawat Mahapatra and Ors. v. the State of M.P. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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