PHASSANG CHACHOK, CHOWKIDER AND 12 ORS. vs THE STATE OF AP AND 4 ORS.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MR. JUSTICE KALYAN RAI SURANA, J
PHASSANG CHACHOK, CHOWKIDER AND 12 ORS. – Appellant
Versus
THE STATE OF AP AND 4 ORS. – Respondent

Advocates:
For the Appellants/Petitioners: K Posi
For the Respondents: GA (AP)

Table of Content
1. consideration for chowkidars under compensatory pay (Para 2 , 3)
2. previous litigation context and judicial directions (Para 4 , 5 , 6)
3. government's jurisdiction in determining employee categories (Para 8)
4. legal standing of previous judgments in current matters (Para 9 , 10 , 12)
5. judiciary's restraint on policy interventions (Para 11 , 14)

ORDER

09.05.2022 Date :

Heard Mr. L. Perme, learned counsel for the petitioners as well as Mr. S. Tapin, learned Senior Government Advocate for the respondents.

2. The 13 petitioners herein, having common cause, have jointly filed this writ petition under Article 226 of the Constitution of India , by which prayer has been made for setting aside and quashing of the impugned order dated 31.01.2020, issued by the Secretary to the Govt. of Arunachal Pradesh, Transport Department, and for a direction upon the respondent authorities to include the chowkidars in the Transport Department’s order dated 09.03.2000 and grant them the benefit of compensatory pay equivalent to one month’s pay as operational staff of the State Transport Services.

3. The case of the petitioners is that various category of staff of the Transport Department,

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MR. JUSTICE KALYAN RAI SURANA, JPHASSANG CHACHOK, CHOWKIDER AND 12 ORS. – AppellantVersusTHE STATE OF AP AND 4 ORS. – Respondent

MR. JUSTICE KALYAN RAI SURANA, J
PHASSANG CHACHOK, CHOWKIDER AND 12 ORS. – Appellant
Versus
THE STATE OF AP AND 4 ORS. – Respondent