Daily wage workers of the Public Health and Engineering Department sought regularization or minimum time-scale pay after years of litigation. The court held their employment was temporary and fortuitous, no right to permanency or pay-scale existed, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9926 of 2024
======================================================
... ... Petitioner/s Versus
Patna High Court CWJC No.9926 of 2024(2) dt.01-07-2024 2/9
... ... Respondent/s
| =============== Appearance : |
======================================= |
|---|---|
| For the Petitioner/s | : Mr.Ravi Kumar, Advocate Mr.Shashi Kumar, Advocate |
| For the State =============== |
: Mr.S.Raza Ahmad, AAG 5 Mr.Alok Ranjan, AC to AAG 5 ======================================= |
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
2 01-07-2024
Indisputably, the petitioners are daily wage workers under Public Health Engineering Department (hereinafter referred to as the “PHED” for short), Government of Bihar.
“Learned counsel for the petitioner now brings to my notice some recent decisions of this Court including an Office Order No. 184, Muzaffarpur dated 30.11.2006. By the said notification the Executive Engineer, Public Health Engineering Circle, Muzaffarpur based on the
Patna High Court CWJC No.9926 of 2024(2) dt.01-07-2024 3/9
order dated 28.11.2006 passed in C.W.J.C. No. 7359 of 2002 (Ram Tapeshwar Sah and Ors vs. State of Bihar and Ors.) along with other analogous cases have issued notification regularizing the services of a large number of people working under the said Executive Engineer. Similar kind of exercises is required even with regard to the present petitioners.
If what has been stated by them is taken to be correct, this Court in the totality of the facts and circumstances allows the petitioners to file representation before the Respondent No. 2, Engineer-in-Chief-cum-Special-Secretary, Public Health Engineering Department, Government of Bihar along with a copy of some of the decisions rendered by this Court in regard, including C.W.J.C. No. 14979 of 2001 and other analogous cases in support of their claim. It is hoped and expected that Respondent No. 2 shall get the matter examined and taking into consideration that a long time has already elapsed in the present litigation will endeavor to come to a conclusion within a period of six months from the date of the filing said representation. The outcome of the said exercise shall govern the future interest and claim of the petitioners.”
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further shows that the petitioners filed a contempt petition being M.J.C. No. 276 of 2000 which was disposed of by this Court on 30th June 2009. The contempt petition relates to the petitioners’ claim of deliberate and intentional violation of the interim order dated 25th January 1999 passed in C.W.J.C. No. 507 of 1997 by the opposite party. The said contempt petition was disposed of with the following observation :-
“From the aforesaid observation it is evident that the Apex Court has set aside the direction of the High Court directing payment of salary to the employees equal to the salary and allowances that are being paid to the regular employees of their cadre in Government service with effect from the dates from which they were respectively engaged or appointed and it was held that the Division Bench of the High Court at best should have directed that wages equal to the salary that are being paid to the regular employees be paid to these daily wage employees with effect from the date of its judgment.
In view of the aforesaid direction of the Apex Court in Uma Devi’s case there does not appear to be any occasion for the petitioners to be paid salary at the interim stage while the writ petition was pending.
In the above circumstances, no case
Patna High Court CWJC No.9926 of 2024(2) dt.01-07-2024 5/9
for willful violation of the orders of this Court is made out.
The contempt application is, accordingly, dismissed.
However, it is made clear that it will be open to the petitioners to challenge the decision of the authorities rejecting their representation in appropriate proceedings as they may be advised. “
Patna High Court CWJC No.9926 of 2024(2) dt.01-07-2024 6/9
was disposed of permitting the petitioner to assail the order of the Secretary, Public Health and Engineering Department.
" इसबादकासंककपतइकतहासयहहैकक माननीय उचच नयायालय पटना दारा सी०डबलू० जे०सी०संखया - 11208/2000 ललनकुमारझाएवं
Patna High Court CWJC No.9926 of 2024(2) dt.01-07-2024 7/9
अनयबनामराजयसरकारएवंअनयमेकदनांक 10.01. 2000 कोपाकरतआदेशकेदारादैकनकपाकरश्रकमकपर काय र तइनछःआवेदकोकोकवकहतवेतनमानसे नयूनतमवेतनपररखनेकाआदेशकदयागयाथा।कजसे कदनांक 06.11.2012 कोपाकरतअकनतमआदेशकेदारा अकुणयरखागयाथा।इसकेबादइससंबंधमे अवमाननाबाद 2241/13 भीदायरककयागयाऔरपुनः इनछःआवेदकोकेदारासी०डबलू०जे०सी०संखया 4287/ 2018 दायरककयागया।अकनतमदोवादोके कारणयहबतायागयाककमाननीय उचचनयायालय पटनादारासी०डबलू०जे०सी०संखया -11208/2000 ललनकुमारझाएवंअनयबनामराजयसरकारएवं अनयमे 2012 केपाकरतआदेशकापुनःअनुपालन नहींहुआ।
आवेदको को सुना एवं अकभलेखो का अवलोकनकरनेसेकनमनतथयसपषटहोताहै -
1. नौयाकचकाकरारओंमेसेतीनकदनेश ठाकुरसदाननदझामो०समदकाकनयकमकतकरणककया जाचुकाहैककनतुवतरमानछःआवेदकललनकुमार झा , अजीतकुमारकसंह , रामसेवकयादव , रामदयाल पंकडतसुरेशप्रसादकसनहाएवंकामेनद्रदसौधीआज भीवैधाकनकतौरपरदैकनकपाकरश्रकमकपदकाय र त है।
प्रशनगत नयायदेशे के दारा इन छः आवेदकोकोकवकहतवेतनमानकेनयूनतमवेतनपर दैकनकवेतनभोगीकेरपमेरखाजानाहै।
कवभागदारायहसमकपरतककयागयाककपदो कली अनुपलबधता के कारण इन ककमरयो का कनयकमकतकरणनहींककयाजासकतातथाइनहेउकत आदेशकेकारणहटायानहींगया।
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कायरपालक अकभयंता लोक सवासथय
प्रमंडलदरभंगाकेदारायहसपषटककयागयाकक प्रशनगतनयायादेशोकेआधारपरइजछःआवेदको कोकुछअवकधकेकलएनयूनतमवेतनपररखागया। ककनतुयहसपषटनहींहैककउनहेककनकारणोसेदैकनक पाकरश्रकमकीकाभुगतानककयागया।
दोनोपकोकोसुननेएवंअकभलेखोसेसपषट हैककइनछःआवेदकोकीसेवाकनयकमकतकरणपरएक बारकवचारककयागयाहैककनतुपदोकेअनुपलबधताके कारणउनकीसेवादैकनकपाकरश्रकमकपरअकुणयसखने वेतन करने की वैधाकनक एवं नयूनतम भुगतान अकनवायरताहै।
अतः उकत के आलोक मे कायरपालक अकभयंतालोकसवासथयप्रमंडलदरभंगाकोकनदरश कदयाजजासकताहैककअनुमानयअपुनरीककत वेतनमानकेनयूनतमवेतनपरदैकनकपाकरश्रकमकपर उनकीसेवाजारीरखेसाथहीमुखयालयसेआवंटनकी अकधयाचनाकरतेसमयकनदेशोकेसाथउसआदेशका संदभर उदृत करे। यह आदेश इन आवेदको के कनयकमकतकरणकाआधार नहींमानाजाएगा "
daily-wagers who were not regularized and paid the basic minimum salary available to a permanent worker.
Court in Uma Devi versus State of Karnataka (3) clearly held that any daily-wage workers or contractual workers cannot claim any permanent service in the Department as of right.
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However, some relaxation was given under certain facts and circumstances in Uma Devi (supra) to the effect that the contractual employee in any establishment can pray for permanent employment within six months from the date of the said order and there is a one-time measure, the establishment can look into it.
(Bibek Chaudhuri, J)
uttam/-
U
1 issue framed by the court
Whether daily wage workers not regularized can claim minimum pay-scale pay as permanent workers under PHED.
Colour shows how this judgement treated each authority
Uma Devi v. State of Karnataka (3)Relied on¶11
Uma Devi versus State of Karnataka (3)
Vinod Kumar Sinha and 12 others (daily wage workers of PHED)
The State of Bihar through Chief Secretary
Principal Secretary, Public Health and Engineering Department
Secretary, Public Health and Engineering Department
Engineer-in-Chief, PHED
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
