Dhani Ram vs State of H.P. and Others

Surjit Singh, J.—Petitioner, who has been working as Fire Watcher with the Forest Department of Himachal Pradesh, in the Forest Division, headed by Respondent No. 3, is aggrieved by the unilateral action of the Respondents, by which they have started paying him wages, at the rate, prescribed for daily waged beldars, w.e.f. 2000, though earlier he was being paid at the rate of minimum of pay in the pay-scale of Class IV employees, plus dearness allowance.

Petitioner''s case is that he had been working as Fire Watcher with the Respondents since 1982 and that up to the year 1999 he was being paid salary in the regular pay-scale of Class IV employees, plus dearness allowance, but from 2000 onwards Respondents have started paying him wages at the rate of Rs. 51/- per day. Petitioner has challenged this action of the Respondents, alleging that the same is arbitrary, unilateral and ultra vires.

Respondents admitted that the Petitioner was earlier being paid salary in the pay scale of Class IV employees, plus dearness allowance. According to them, the Petitioner was a seasonal worker and used to be employed from April to July every year and that now the Government has taken a decision to pay the Fire Watchers at the rate of minimum wages, fixed for beldars and that is why from 2000 onwards Petitioner is being paid at the rate of Rs. 51/- per day.

I have heard learned Counsel for the Petitioner as also learned Assistant Advocate General and gone through the record.

Without going into the question, whether the Government could have reduced remuneration of the Petitioner, who was simply a seasonal worker, matter can be disposed of in favor of the Petitioner, because there is no order of the Government, to the effect that Fire Watchers are not to be paid at the rate of minimum of the pay-scale of Class IV employees, plus dearness allowance, but are to be paid minimum wages fixed for beldars. No such order has been placed on record. There is one communication, addressed by Divisional Forest Officer, Mandi, to the Range Officers, in which it is stated that the Fire Watchers are to be paid at the rate of Rs. 51/- per day, instead of on pay-bill basis. Divisional Forest Officer could not have issued such order on his own, when the Petitioner, as per admitted case of the Respondents, was being paid the minimum of the pay-scale of Class IV employees, plus dearness allowance, since 1986. Consequently, writ petition is allowed and the Respondents are directed to pay wages to the Petitioner, for the period he is seasonally engaged, at the rate of minimum of the pay-scale of Class IV employees, plus dearness allowance, admissible, from time to time, on such minimum pay. This direction is to be given effect to from 2000 (when the wages of the Petitioner were reduced unilaterally) onwards. Arrears shall be worked out and paid within three months.

Writ petition stands disposed of.