Contingency-paid employees are entitled to a regular pay scale upon completion of three years of service in accordance with applicable State Government circulars.

Order on Board

(Cause title is taken from Case Information System)

1. By the present writ petition, the petitioners are seeking the following reliefs :-

“10.1. That, this Hon'ble Court may kindly be pleased to command the respondent to produce the entire records of the case particularly the records of the petitioners, for perusal of this Hon'ble Court.

10.2. That, this Hon'ble Court may kindly be pleased to direct the respondents to consider and declare the petitioners as permanent (regular) employees in the service in accordance with departmental policy.

10.3. That, this Hon'ble Court may kindly be pleased to Direct the Respondents to grant the regular pay scale of Rs. 4750-7440 with Grade Pay Rs. 1300/- or such other revised pay scale as may be applicable to similarly situated employees from the date of completion of 3 years in service from initial date of appointment.

10.4. That, this Hon'ble Court may kindly be pleased to Direct the Respondents to pay the arrears of salary along with all consequential benefits from the date the petitioners became entitled to such benefits.

10.5. That, this Hon'ble Court may kindly be pleased to Direct the Respondents to decide the representation of the petitioners within a stipulated time frame as may be fixed by this Hon'ble Court.

10.6. That, any other relief/order which may deem fit and just in the facts and circumstances of the case including the costs of the petition.”

2. Learned counsel for the petitioners would submit that the petitioners were recruited on the contingency basis on Collector rate for a period of three years and upon completion of the said period, they became entitled to the revised pay- scale. He would contend that after completion of three years, the petitioners were eligible to receive the regular pay-scale of Rs.4750 – 7440/- with a grade pay of Rs.1300/- per month. He would contend that till date, the benefit has not been extended despite making various representations. He would refer to a circular dated 12.9.2011, whereby the State Government extended the benefit of a regular pay-scale to Class-IV employees under the contingency paid employees on completion of three years of service. He would further submit that the circular dated 12.12.2014 was issued by the Commissioner to the Collector, Baloda Bazar, directing the implementation of the circular dated 12.9.2011. He would also submit that though in the return, the State has taken a stand that the circular dated 12.9.2011 was withdrawn by the State Government, but later on, the same was restored. He would also contend that a direction may be issued to the respondent authorities to consider the claim of the petitioners for grant of regular pay-scale of Rs.4750-7440/- with the grade pay of Rs.1300/- from the date they completed three years of service in the contingency establishment.

3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioners. He would submit that the petitioners are daily-rated employees, receiving wages at the Collector rate, and are not entitled to the regular pay-scale as their services have never been regularized by the department. He would further contend that no specific order has been issued to grant them such benefits.

4. I have heard learned counsel for the parties and perused the documents available on the record.

5. Admittedly, the petitioners were appointed on the contingency basis on Collector rate for a period of three years. According to the letter dated 12.12.2014, it is apparent that after completion of services of three years, the petitioners were entitled to receive regular pa