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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Mathura Prasad Yadav – Appellant
Versus
State of Jharkhand through its Chief Secretary, Ranchi – Respondent
ORDER :
1. The present writ petition has been filed for issuance of direction upon the respondents to pay arrears of salary to the petitioner from 31.03.2002 to 30.06.2011 and also to grant 1st and 2nd ACP as well as 3rd MACP as per the provisions of applicable law along with statutory interest.
2. Learned counsel for the petitioner submits that the petitioner was appointed as Chowkidar on 31.08.1985 in the work- charged establishment by the respondent no. 6 - the Executive Engineer, Department of Road Construction, Khunti Division, Khunti. Thereafter, he was transferred to Tamar Inspection Bungalow vide letter as contained in memo no. 2 dated 02.01.1987 where he joined on 03.01.1987. Subsequently, the respondent no. 6 stopped paying salary to the work-charged employees including the petitioner due to which few similarly situated work-charged employees moved this High Court by preferring a writ petition being W.P. (S) No. 6826 of 2002. The said writ petition was decided by a Full Bench of this Court vide judgment dated 16.05.2005 rendered in the case of Ram Prasad Singh & Anr. Vs. State of Jharkhand & Ors. 2005 (3) JLJR 38 (FB), holding inter alia that the work-charged employees, who
The distinction between work-charged and regular employment precludes entitlement to arrears or ACP/MACP benefits without requisite service in a permanent establishment, reinforcing the 'no work no p....
Regularization of daily wagers cannot be denied on grounds of artificial breaks in service, as prior rulings establish entitlements based on completed service duration, irrespective of work charge es....
The duty of the state as an employer to provide pension to employees with long service, and the entitlement of employees to pension after serving for a substantial period.
The court ruled that employees must be granted work charge status from the date of completion of eight years of service to ensure fairness and prevent discrimination, aligning with Articles 14 and 16....
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
Point of Law : Law of Limitation, is not applicable, however principle of delay and laches is attracted for adjudication of a petition under Article 226 of the Constitution of India. The petitioner m....
Work charged service does not qualify for pension under Regulation 370, affirming distinct status of work charged employees.
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