The Honble Lt. Governor And ORS. v. Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ...

MA/9/2020 The Hon'ble Lieutenant Governor and others Vs.

Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh and others Mr. Vikramjeet Banerjee, ASG Mr Shatadru Chakraborty Mr. Ramendu Agarwal ... for the Appellants Mr. Gopala Binnu Kumar ... for the respondents December 19, 2022 [SR] Item No.1 The subject matter of challenge in the appeal is a decision of a Single Bench of this Court delivered on 13th December, 2019 in WP/268/2018.

By the impugned order, the Single Bench came to interpret the benefit sought for by the petitioners under the Office Memorandum No.289 dated 22nd September, 2017. The learned Single Judge found that the benefit under the memorandum ought to be given to all the Daily Rated Mazdoors (DRMs) under all the departments of the Administration irrespective of whether they were engaged in sanctioned posts or not.

It was further ordered by a reference to a memorandum No.49014/2/86-Estt(C) dated 7th June, 1988 the benefits under subject memorandum dated 22nd September, 2017 would have to be given from June, 1988.

The thrust of argument of the Administration is that the memorandum dated 22nd September, 2017 is a onetime stand alone measure to enhance the remuneration and wages payable to all the DRMs. There is absolutely no reference to memorandum dated 7th June, 1988 in the said memorandum and is de hors the same.

The memorandum is a stand-alone policy decision for enhancement of rates and remuneration of DRMs under the Administration and cannot be understood to have arisen out of the memorandum dated 7th June, 1988.

The facts of the case in detail are available in the judgment of the Single Judge, and are not reiterated herein. Having heard learned ASG, Mr. Vikramjeet Banerjee for the appellants and learned counsel Mr. Gopala Binnu Kumar for the respondents, this Court is of the view that the memorandum dated 22nd September, 2017 is a stand-alone policy decision of the Administration for enhancement of the wages and remuneration payable to the DRMs, who fulfilled the criteria therein. There is in fact no reference of 1988 memorandum.

The rights of the writ petitioners and/or all DRMs in the UT under the memorandum dated 7th June, 1988 remain protected and can be enforced de hors any claim made in these proceedings under the Office Memorandum dated 22nd September, 2017.

In fact, it is submitted by the Administration and affirmed by learned counsel for the writ petitioner that the Administration has already commenced implementation of the memorandum dated 7th June, 1988. It is therefore ordered that the circular and process of framing of Scheme for regularisation and every other benefit under the aforesaid 1988 circular, duly addressed, would mandatorily and positively be brought into fore within the next three months . Learned ASG Mr. Vikaram Banerjee in his usual fairness, offered to use his good offices to prevail upon the Administration in this regard.

In so far as the impugned judgment is concerned, this Court is of the view that one time measure and/or policy decision of the UT as contained in the Memorandum dated 22nd September, 2017 must be implemented. This Court is also of the view that the Single Judge may have to some extent gone by the averments made by Administration in its affidavit-in-opposition and has interlinked memorandum dated 7th June, 1988 with the memorandum dated 22nd September, 2017.

The directions of the Single Judge to that extent are modified. The benefits to the DRMs under the circular dated 22nd September, 2017 will accrue only with effect from the date of circular and not before that.

In so far as the order directions of learned Single Judge are concerned that no distinction should be made

between the DRMs working against the sanctioned posts and DRMs casually engaged by the State, this Court upholds the same. This Court orders that all DRMs under the Administration shall be paid and granted the benefit of the circular dated 22nd September, 2017.

Let the benefits as indicated and modified hereinabove, be paid to the petitioners and other all eligible DRMs under the Administration be released within a period of two months from date.

With the aforesaid observations, the appeal is allowed in part to the extent indicated hereinabove. The other parts of the impugned judgment shall remain unchanged. It is clarified that all other benefit of the DRMs and other persons arising out of the circular dated 7th June, 1988 remain preserved and undisturbed to be agitated in the event they are aggrieved by any scheme proposed by the Administration and directed to be framed hereinabove. MA/9/2020 stands disposed of. There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. ) ( Bibhas Ranjan De, J.)