“4. The aforesaid stand taken by the respondents is palpably erroneous. The department seems to have misinterpreted its own orders. In the context of letter dated 04.04.1989 and 03.01.1997, it needs to be recorded that an employer which continued to engage daily-wagers like the petitioners till 01.09.2009; petitioner no. 4 in W.P.(S) No. 3481 of 2012 was engaged on 01.09.2009, cannot deny similar benefit to the petitioners which has already been granted to others. Unsustainability of the plea taken by the respondent-State becomes apparent when one finds the reason behind engagement of the petitioners. Engagement of Shrampust workers is precisely for the reason that posts have not been sanctioned and while so, payment in minimum of scale cannot be denied to the petitioners on a plea that they are working on the posts which are not sanctioned. In the previous proceedings before the Writ Court, directions were issued for payment of wages in the minimum of scale. In the order dated 04.01.2011 issued under the signature of the Additional Secretary, Department of Drinking Water and Sanitation, the department has accepted that grant of wages in minimum of scale of pay to the daily-wages employees, like the petitioners, is in consonance with the natural justice. Engagement of Shrampust workers has continued in the State of Jharkhand even after its creation on 15.11.2000. The respondents have not brought on record any circular, notification or guidelines, either adopting the previous notifications issued by the Government of Bihar or issued by the Government of Jharkhand itself. In “State of Punjab & Ors. Vs. Jagjit Singh &
