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Judgment
This Letters Patent Appeal has been filed only by one amongst those who had filed the writ petition. Yet the cause in the petition is such that this is not the matter of personal lis between the two parties. In fact, this is a matter which should be taken up as an affirmative action on behalf of the class of people who brought the controversy to the High Court.
Those who brought the writ petition were five (Shiv Mandal, Lakhan Ram, Md. Alim, Jagdish Gope and Chunchun Pandit).
Perhaps, Shiv Mandal could only send instructions to file a Letters Patent Appeal. The cause cannot die for the others and yet others those who never approached the High Court.
If the matter is taken and seen from its roots, what has happened to this class of employees is a total travesty of justice. Some of the employees had been employed during World War II. To highlight this point the Court is reproducing the list of the record of employees as given in table No. VIII and table No. XI of the Letters Patent Appeal. In this class the first of the employees were recruited on 14th August, 1943. The last of them was recruited on 4th February, 1977.
Table-VIII
Proposal for 1st Time Bound Promotion of 4th Grade Staff (Monthlyman) in the scale of Rs. 375-400 of Agricultural Research Institute, Sabour (Bhagalpur) who were taken in the Regular Establishment on 1.9.1978.
SI. No. Name Designation with scale Date of joining Junior given. Proposed date of promotion Date Scale Recommendation of the Committeo
2. 3. 4. 5. 6. 7. 8.
Sri Luchho Hazra Monthlyman 350-425 14.8.43 - 1.4.81 375-480 In the light of F.D. Bihar Govt. Resolution No. RAR01/86 1503 dt. 27.3.87 their promotion will be effective wef 1.4.1981 but monetary benefit will be allowed to them from 27.3.87 that is from the date of issue of the order.
" Chunci Mandal -do- 13.7.46 - 1.4.81 -do-
" Kunkun Gope -do- 2.6.48 - 1.4.81 -do-
" Jamun Mandal -do- 20.7.48 - 1.4.81 -do-
" Lai Mohan Harizan -do- 1.9.50 - 1.4.81 -do-
" Ram Baleshwar -do- 1.5.51 - 1.4.81 -do-
" Lakhan Ram -do- 1.6.51 - 1.4.81 -do-
" Kesb Mandal -do- 24.4.52 - 1.4.81 -do-
" Fakko Ram -do- 1.5.52 - 1.4.81 -do-
" Tillo Mandal -do- 16.2.53 - 1.4.81 -do-
" Mahendra Paswan -do- 16.2.53 - 1.4.81 -do-
" Mahendra Ram -do- 15.4.53 - 1.4.81 -do-
" Sukhdeo Gope -do- 1.7.53 - 1.4.81 -do-
" Chaiti Paswan -do- 1.7.53 - 1.4.81 -do-
" Kameshwar Singh -do- 1.11.55 - 1.4.81 -do-
" Jai Ram Mandal -do- 1.11.55 - 1.4.81 -do- �
" Mitto Mandal -do- 1.11.55 - 1.4.81 -do-
" Suraj Mandal -do- 1.11.55 - 1.4.81 -do-
" Dorran Ram -do- 1.4.56 - 1.4.81 -do-
Late Karu Mandal -do- 6.4.58 1.4.81 Died on 1.11.87. 375-480
Sri Gainu Roy -do- 6.4.58 - 1.4.81 -do-
" Shiv Mandal -do- 6.4.58 - 1.4.81 -do-
" Khokha Mandal -do- 6.4.58 - 1.4.81 -do-
" Ram Lakhan Harizan -do- 1.7.64 - 1.4.81 -do-
" Kishun Deo Rai -do- 16.2.68 - 1.4.81 -do-
" Shailendra Prasad -do- 1.2.68 - 1.4.81 -do-
Md. Hanif -do- 8.2.68 - 1.4.81 -do-
Sri Ram Pravesh Mandal -do- 16.2.68 - 1.4.81 -do-
" Govind Gope -do- 27.6.68 - 1.4.81 -do-
" Santokhi Ram -do- 1.7.68 - 1.4.81 -do-
" Satya Nr. Jha -do- 6.8.71 - 3.8.81 -do-
" Ringo Mochi -do- 14.9.71 - 14.9.81 -do-
" Gaya Pd. Mandal -do- 21.9.71 - 21.9.81 -do-
" Narayan Yadav -do- 8.4.74 - 8.4.84 -do-
" Jagdhar Mandal -do- 9.6.74 - 9.6.84 -do-
" Nagina Yadav -do- 12.4.75 - 12.4.85 -do-
" Md. Habib -do- 15.11.75 - 15.11.85 -do-
Table-XI
Proposal for 1st Time Bound Promotion of 4th Grade Staff (Monthlyman) in the scale of Rs. 375-480 ofBihar Agricultural College, Sabour (Bhagalpur) who were taken in the Regular Establishment on 1.9.1978.
Sri Mohan Mandal Mali 350-425 1.8.45 - 1.4.81 375-480 Retd. on 31.5.87
" Md. Basir Choukidar 350-425 7.8.46 - 1.4.81 Do Do
Smt. Sarbatia Harizan Sweeper 350-425 1.9.46 - 1.4.81 -do-
Sri Sarbaria Harizan -do- 1.9.47 - 1.4.81 -do-
" Bhona Ram Choukldar 350-425 1.8.51 - 1.4.81 -do-
" Bibhisan Gope -do- 16.6.52 - 1.4.81 -do-
" Bhutto Gope Ploughman 350-425 16.6.52 - 1.4.81 -do-
Late Xaru Harizan Sweeper 350-425 1.5.53 - 1.4.81 -do- Died on 6.1.82
" Chhitna Gope Ploughman 350-425 26.6.54 - 1.4.81 -do-
" Chhote Mandal -do- 26.6.54 - 1.4.81 -do-
" Goonga Gope -do- 26.6.54 - 1.4.81 -do-
" Bhola Gope Choukldar 350-425 24.1.55 - 1.4.81 -do-
"Banarsi Harizan Sweeper 350-425 7.9.55 - 1.4.81 -do-
" Chunchun Mandal Ploughman 350-425 7.1.58 1.4.81 -do-
" Md. Nasim Hedgecutter 350-425 25.2.60 - 1.4.81 -do- Rt. on 30.9.87
" Narsingh Harizan Sweeper 350-425 11.7.61 - 1.4.81 -do-
" Shablr Sah Hotel Durban 350-425 1.11.61 - 1.4.81 -do-
" Sahdeo Pd. Yadav -do- 1.11.61 - 1.4.81 -do-
" Mohan Ram Pump Operator 350-425 1.12.61 - 1.4.81 -do-
Late Md. Suleman Ploughman 350-425 1.2.62 - 1.4.81 -do- Died on 23.10.8
Sri Narad Mandal -do- 1.2.62 - 1.4.81 -do-
Late Khedu Mandal -do- 1.2.62 - 1.4.81 -do- Died on 16.7.87
Sri Adhik Yadav -do- 1.2.62 - 1.4.81 -do-
" Basudeo Gope, II -do- 1.2.62 - 1.4.81 -do-
'' Md. Islam -do- 1.2.62 - 1.4.81 -do-
" Chhabu Tanti Mali 350-425 3.8.62 - 1.4.81 -do- Appointed at Sardar Mali on 14.5.82
Smt. Durgi Mehtaranl Monthlyman 350-425 14.12.62 - 1.4.81 -do-
Sri Radhe Pandit Mall 350-425 1.8.65 - 1.4.81 -do- -do-
" Mahablr Mandal Asstt. 350-425 3.3.67 - 1.4.81 375-480
" Sidhu Gope Mali 350-425 8.8.66 - 1.4.81 -do-
" Banarsl Gope -do- 20.12.66 - 1.4.81 -do-
" Ramdso Mandal Hedgecutter 8.5.1968 - 1.4.81 -do-
" Kishori Das Sweeper 350-425 22.8.68 - 1.4.81 -do-
Smt. Gauri Harizan -do- 17.10.68 - 1.4.81 -do-
Sri Gyani Yadav Ploughman 350-425 6.1.70 - 1.4.81 -do-
" Mahesh Thakur Mali 350-425 10.4.70 - 1.4.81 -do-
" Janardan Ram -do- 2.10.70 - 1.4.81 -do-
" Chunchun Pandit Ploughman 350-425 4.5.71 - 4.9.81 -do-
" Md. Alim -do- 14.9.71 - 14.9.81 -do-
" Banarsi Gope -do- 14.9.71 - 14.9.81 -do-
"Jagdish Gope Choukidar 16.9.71 - 16.9.81 -do-
" Krishna Kr. Sharma Pump Operator 25.9.71 - 25.9.81 -do-
" Bangali Yndav Ploughman 3150-425 6.4.72 - 6.4.82 -do-
" Md. Hamid Ploughman 350-425 6.11.72 - 6.11.82 -do-
" Md. Sudin do 3.11.74 - 3.11.84 -do-
" Indra Harizan Sweeper 1.1.75 - 1.1.85 -do-
" Ram Charan Yadav Ploughman 350-425 6.2.75 - 6.2.85 -do-
" Shyam Nath -do- 6.2.75 - 6.2.85 -do-
" Babuial Yadav -do- 12.6.75 - 12.6.85 -do-
Ram Bilash Yadav -do- 25.6.75 - 25.6.85 -do-
" Hari Pd. Yadav -do- 8.11.75 - 8.11.85 -do-
" Jaldhar Yadav -do- 8.11.75 - 8.11.85 -do-
" Ramdhari Mandal Workshop Asst. 350-425 1.4.76 - 1.4.86 -do-
" Sakti Pd. Mandal Cteaner 1.7.76 - 1.7.86 -do-
" Sudin Pd. Kapri Ploughman 350-425 9.7.76 - 9.7.86 -do-
" Prahlad Singh Hedgecutter 4.2.77 - 4.2.87 -do-
Whether some of the employees had been recruited in 1943 or others in 1977 it is on record that between the University, College or the State, they were absorbed and brought to the regular establishment with effect from 1.1.79. When this was done the services of these employees had become substantive. In so far as the other facts which are noticed in the impugned order, to the effect, that "the Petitioners were engaged to work as contingent menials on different dates between 1950-62", this is not an entire aspect on record and is partly in error. Recruitment had begun in 1943. The only relevant aspect is that the employees indicated had been absorbed. Their absorption is not an issue. Not only this, whether they had been recruited in 1943, 1950 or 1962 or for that matter subsequently, all of them were in service prior to the date of their absorption in the regular establishment.
It was decided by a policy that these employees would receive time bound promotion, with effect, from 1st April, 1981. If the order to grant them time bound promotion has been issued and made applicable as from 1st April, 1981, there would have been no issue nor any problem. Unfortunately, while an illusion was being presented to this class of employees that time bound promotion is being granted with effect from 1st April, 1981, the formality of issuing an order was withheld until the year 1988 precisely 8th January, 1988. This is not all. The order dated 8th January, 1988, on the one hand announces that these employees would receive time bound promotion but simultaneously denies the monetary benefit to take effect from 27th March, 1987. An illusory promotion was announced but it was not to take effect for six years later. The State or the Respondents adopted an unfair method to cut the wages of the Class IV employees. This inequitable action is not exactly within the preamble of the Constitution to do economic justice nor social justice. Even if this Government order dated 8th January, 1988, is interpreted in favour of the Respondents it could at best be stretched to be an interpretation that the monetary benefit, effective from 1st April, 1981 may be delayed and the payment would be made as on 27th March, 1987. The Government cannot enrich itself by denying monetary benefits to its employees which is part of salary. If the monetary benefits have been denied in totality then these are not actions of a responsible Government. On the one hand class IV employees have been given time bound promotion and simultaneously on the other hand the State has taken away the payment to leave the benefit only as an illusion.
The action of the State-Respondent is malafide in law and arbitrary.
On a writ of certiorari, it is certified, the montory benefits will be available to the class of employees who have been mentioned in the tables as from the date when it was to take effect i.e. 1st April, 1981.
In the circumstances, the order of the learned Judge on the petition cannot be upheld. The appeal is allowed with costs throughout. This payment is to be made available to this class of employees within two months from today.