IN THE HIGH COURT OF JHARKHAND
Rakesh Ranjan Prasad, J.
Mrs. Babita Prasad – Appellants.
Vs.
State of Jharkhand and Ors. – Respondent
W.P. (S) No. 46(sic) of 2010
Decided On : 23.11.2010
Wages - Contractual Employment - Government Resolution - The court directed the petitioner to file a fresh representation before the State Consumer Disputes Redressal Commission to claim the enhanced wages/salary as per the Government resolution.
Fact of the Case:
The petitioner was appointed on a contractual basis and claimed entitlement to enhanced wages and other benefits as per the Government resolution. The respondent admitted the entitlement but failed to pay the enhanced wages/salary.
Finding of the Court:
The court disposed of the writ application with a direction to the petitioner to file a fresh representation before the State Consumer Disputes Redressal Commission, and the respondent was directed to take a decision on the payment of enhanced wages/salary within a specified timeframe.
Issues: Entitlement to enhanced wages/salary, failure to pay as per Government resolution, and the need for a fresh representation before the State Consumer Disputes Redressal Commission.
Ratio Decidendi: The court emphasized the need for the petitioner to follow the proper procedure by filing a fresh representation before the State Consumer Disputes Redressal Commission to claim the entitlement to enhanced wages/salary as per the Government resolution.
Final Decision: The writ application was disposed of with a direction to the petitioner to file a fresh representation, and the respondent was directed to take a decision on the payment of enhanced wages/salary within a specified timeframe.
R.R. Prasad, J.
1. Heard learned Counsel appearing for the Petitioner and learned Counsel appearing for the Respondents.
2. Learned Counsel appearing for the Petitioner submits that the Petitioner was appointed on the post of P.A.-cum-Stenog-rapher on 7.6.2002 on the contractual basis in the pay scale of Rs. 5500-9000/-and since then the Petitioner was paid entire wages, which was admissible to her till December, 2007, but thereafter employment paid to the Petitioner was not in terms of the Government resolution relating to enhancement of wages and, therefore, the Petitioner made representation before the Authority and on being satisfied, even the Secretary of State Consumer Forum vide its order dated 17.6.2008, as contained in annexure 5. sanctioned the amount relating to enhancement of wages/salary which the Petitioner was entitled to, but the said amount has not been paid to her. That apart, the Petitioner is also entitled to other benefit including the revision of salary in terms of the Government resolution but that was never done though the Petitioner made representation at several occasions before the Authority and under that situation, the Petitioner has moved this Court for directing the Respondent- Authority to pay emoluments which she is entitled to in terms of the Government resolution.
3. Learned Counsel in this respect further submits that though the Respondent is admitting the entitlement of the Petitioner, still enhanced wages/salary are being not paid to the Petitioner, in spite of the fact that necessary fund was available with Respondents.
4. In view of the facts and circumstances as stated above, this writ application is disposed of with a direction to the Petitioner to file a fresh representation before the Secretary, Jharkhand State Consumer Disputes Redressal Commission, Respondent No. 3 putting forth her claim as has been made in this application along with a copy of this order within a period of three weeks from today and the Respondent No. 3 on getting such representation shall be taking decision in the matter of payment of enhanced wages/salary as has been claimed within a period of four weeks thereafter.
Writ application disposed of.
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