1. In view of order dated 12/08/2010 passed by the Court (Coraml:A.L.Dave, J.) in Special Civil Application No.2258 of 1994, the respondent authority was under obligation to decide the issue by passing appropriate reasoned order. Instead the respondent authority has passed very casual order dated 21/01/201 wherein the issue about payment of similar wages to present petitioner is not considered.
2. The petitioner has taken out present petition essentially seeking below mentioned prayer:
"A. The Hon'ble Court be pleased to issue an order, writ in the nature of mandamus and/or certiorari or other appropriate writ, order or direction, declaring the impugned decision of the respondents non-granting benefits of revision of pay to the petitioners and paying them the monthly wages payable in 1994, as arbitrary, illegal, unjust and violative of Art. 14 and 16 of the Constitution of India and be pleased to direct the respondents to pay the benefits of revision of pay from time to time and pay the difference of salary to the petitioners with 12% interest."
3. The respondent authority has failed to appreciate that the petitioner has not prayed only for regular appointment and status of permanent workman but has also prayed for, in the interregnum, payment of wages at par with other similarly situated persons. The petitioner has approached the Court with grievance that today also the petitioners are being paid monthly wages at the rate which they were paid in 1994. If so, then it is necessary to take note of the same.
4. When the petitioners are continued in the employment and this Court, under the above referred order dated 12/08/2010 passed specific directions to consider and decide the request made by the petitioners, then the said directions also contain the direction to decide the request for payment of appropriate wages. The reply affidavit filed by the respondent does not deal with the said aspect. Therefore, time until 13/04/2012 is granted to respondent to take decision on the issue about payment of appropriate wages to the petitioners in present petition and pass necessary orders in accordance with law after keeping in focus the order dated 12/08/2010. If appropriate decision is not taken and necessary orders are not passed then the concerned respondent authority shall remain present before the Court on 19/04/2012. Copy of present order may be made available to learned AGP.
(K.M.THAKER, J.) (ila) Top