V.Mariammal And Others v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/308/2022 V. Mariammal and others ... Petitioners

Versus

The Lieutenant Governor and others ...Respondents Ms. Anjili Nag ... for the petitioners Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondents December 13, 2022 [SR] Item No.2 The petitioners claim that they are similarly situated with the persons mentioned in Sl.No.1 to 9 and Nos. 61, 62, 63 of the final seniority list of Daily Rated Mazdoors (DRMs) under Executive Engineer, CD-II, APWD, Prothrapur. The said persons, in terms of the circular dated 7th June, 1988 issued by the Joint Secretary to the Govt. of India, Ministry of Personnel, Public Grievances and Pension, are getting 1/30th of the pay at a minimum of the relevant pay scale plus dearness allowance payable to regular workers.

The petitioners claim that they are entitled to be similar payment and allowances.

Counsel appearing for the respondents submits that there is no evidence before this Court that the petitioners are similarly situtated as of those persons.

It is also submitted that the writ petition should not be entertained in view of the availability of alternative remedy before the appropriate authorities under the labour statues. Having heard the counsel for the parties, this Court is of the view that the respondent no.5 should look into the claims of the petitioners, examine relevant records of their engagement and ascertain as to whether they are similarly situated as the persons mentioned hereinabove. The respondent shall also examine as to whether the petitioner are entitled to get the benefit in terms of the Circular dated 7th June, 1988 (supra).

The aforesaid exercise shall be carried out by the respondent within a period of four weeks from date. Any order that to be passed by the respondent no.5 will be communicated to the petitioner within a week thereafter. WPA/308/2022 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. )