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Judgment
The Writ petition is filed for the following reliefs:
(a)To issue an appropriate Writ/Writs, Order/ Orders, direction/ directions including a Writ in the nature of Certiorari for quashing the order dated 29.10.2010, passed by the Executive Officer, Nagar Panchayat, Dalsinghsarai.
(b)To issue an appropriate Writ/Writs, Order/ Orders, direction/ directions including a Writ of Mandamus, directing the authorities to make payment of arrears as well as current salary, which without any valid or cogent reason is not being made to the petitioners.
(c)To grant other relief/relief(s) also, if the petitioners are entitled to.
The brief facts, as culled out from the Writ petition, are that the petitioners were appointed to the post of Peon on 18.05.1998, and thereafter, their services were confirmed. The petitioners have been continuously discharging their duties, since the date of appointment, and no disciplinary proceedings are pending against them. In spite of it, they have been discriminated and their salaries have not been paid regularly. The salary of petitioner Nos. 1 and 4 has been due since January, 2001, while the salary of petitioner Nos. 2 and 3 has been due since September, 1999. The petitioners approached the Executive Officer, Nagar Panchayat, Dalsingsarai, several times for payment of their arrears as well as current salary, but no action was taken. Lastly, the petitioners again approached the Executive Officer, Nagar Panchayat, on 16.01.2004. However, their grievances were still not redressed. Thereafter, the petitioners filed a Writ petition bearing C.W.J.C. No. 3112 of 2004 before this Court, which was disposed of on 12.07.2010 with a direction to the Executive Officer, Nagar Panchayat, Dalsinghsarai, to pass a reasoned order on the petitioners’ application within three months. In spite of the direction of this Court, the authority concerned failed to take any steps. Consequently, the petitioners filed a contempt petition bearing M.J.C. No. 311 of 2011 before this Court. During the pendency of the said contempt petition, the authority concerned passed an order dated 29.10.2010, which is arbitrary and illegal. Being aggrieved by the same, the present Writ petition was filed.
A detailed counter affidavit was filed by the respondent No. 4. The counter affidavit disclose that the Writ petition is not maintainable, as the petitioners have not availed the statutory remedy of appeal provided under the “Rules Application to Officers and Servants of Municipalities and Notified Area Committees.” The Learned counsel for the respondents submitted that a direction may be given to the petitioners to prefer an appeal before the appropriate authority against the impugned order.
At this juncture, the Learned counsel for the petitioners also submitted that the liberty may be given to the petitioners to prefer an appeal before the competent authority.
Heard the Learned counsel for the petitioners as well as the Leaned counsel for the respondents.
Having regard to the above made submissions, the present Writ petition is disposed of granting liberty to the petitioners to prefer an appeal before the appropriate authority within a period of four weeks from date of receipt of this order. The authority concerned shall pass appropriate orders within a period of three months from the date of filing of the appeal.
With the aforesaid observations, the Writ petition stands disposed of.
Interlocutory Application(s), if any, shall also disposed of.