IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.276 of 2000 1.BINOD KUMAR SINHA, son of Sri Yogendra Prasad, resident of village Chhoti Marai, P.S.Hajipur Dist. Vaishali 2.Rabindra Kumar, son of Mahendra Narain Singh, resident of village Jalimpur, P.S.Kharagpur, Dist. Munger 3.Awadhesh Tiwary, son of Nageshwar Tiwary, resident of village Hetanpur, P.S.Danapur Dist. Patna 4.Mahendra Ram, son of Motilal, resident of Mohalla- Purbi Lohanipur, P.S.Kadamkuan Dist. Patna 5.Ram Yatan Singh, son of Sri Kedar Singh, resident of village Bhim Bigha, P.S.Chhoti Jamuara, Dist. Nawada 6.Md.Rizwan, son of Md.Yunus, resident of Kaboli P.S.Raipur, Dist. Muzaffarpur 7.Md.Moinuddin Ansari, son of Md.Shahbuddin Ansari, resident of Banbakia, P.S.Banbakia, Dist. Bhojpur 8.Mahesh Prasad, son of Ramdin Prasad, resident of village Pakridih, P.S.Amnour, Dist.Saran 9.Dina Paswan, son of late Mughal Paswan, resident of village Sayedpur, P.S.Fathwa, Dist.Patna 10.Manoj Kumar, son of Suresh Prasad Singh, resident of Loshani, P.S.Suryagarha, Dist.Munger 11.Shalendra Kumar, son of Sri Singheshwar Prasad resident of village Mohanpur, P.S.Nalanda, Dist. Nalanda 12.Raju Ram, son of Karmu Ram, resident of village Amhara, P.S. Bikram, Dist. Patna 13.Ram Prakash Mahto, son of Sri Sheo Bachan Mahto resident of village Pareb, P.S.Pareb, Dist.Patna 14.Lal Babu Rai, son of Mithu Rai, resident of village Pali, P.S.Bihta, Dist. Patna 15.Madan Prasad Singh, son of Devi Dayal Singh, resident of village Bithi Shahbuddin, P.S. Baniapur, Dist. Saran 16.Ram Pravesh Ram, son of late Lakhan Ram, resident of Mohalla Purani Jakkanpur Devisthan P.S.Jakkanpur, Dist. Patna-----------petitioners Versus 1.THE STATE OF BIHAR through the Secretary to the Government, Public Health & Engineering Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna 2.Sri N.S.Madhwan, father’s name not known, Secretary, Public Health & Engineering Department 2 Government of Bihar, Vikas Bhawan, New Secretariat, Patna 3.Sri N.S.Madhwan, father’s name not known,Incharge Engineer-in-chief, Public Health & Engineering Department, Government of Bihar, Vikas Bhawan, New Secretariat, Patna 4.Sri Siya Saran Prasad, father’s name not known, Zonal Chief Engineer, Public Health & Engineering Department, New Secretariat, Patna 5.Sri K.N.Gupta, father’s name not known, Joint Secretary, Public Health & Engineering Department Government of Bihar, New Secretariat, Vikas Bhawan Patna 6.Sri Madan Kumar, father’s name not known, Superintending Engineer, Public Health &Engineering Department, Patna Circle, Paltna 7.Sri Ganesh Prasad Yadav, father’s name not known, Executive Engineer, Public Health & Engineering Division, Patna------------------------Opp.parties ----------- 3. 30.6.2009 The petitioners claim deliberate and intentional violation of the interim order dated 25.1.1999 passed in C.W.J.C.No. 507 of 1997 by the opposite parties. By the aforesaid interim order it was directed that the petitioners, who were said to be working on daily wage basis in the Public Health Engineering Department (PHED), shall be entitled to payment of current salary at the minimum in the prescribed time scale during the period of their continuance, in accordance with rules. The same not having been paid the present contempt application has been filed. However, when the matter came up for hearing on 9.8.2002 it was pointed out to the Court that the Apex Court has 3 set aside a similar direction of this Court in another case and in that view of the matter the petitioners cannot be held to be entitled for payment at the minimum of the time scale. It was accordingly held by this Court on 9.8.2002 that it is desirable that the case is taken up for hearing with the main case, i.e., CWJC No. 507 of 1997. Learned counsel for the petitioners points out that the present matter could not be taken up with the main case and the same has been disposed of on 15.5.2008. In the said order there is no direction regarding payment of current salary at the minimum in the prescribed time scale during the interim period and the case was disposed of allowing the petitioners to file representation before the respondent no.2, Engineer-in-Chief- cum-Special Secretary, PHED along with copy of some of the decisions of this Court including CWJC No. 14979 of 2001 and other analogous cases in support of their claim and the said respondent was directed to come to a conclusion within a period of six months from the date of filing of the said representation. 4 It is pointed out by learned counsel for the State that on the basis of the instructions received the representation of the petitioners has been rejected. Learned counsel for the petitioners has sought to rely upon a decision of the Constitution Bench of the Supreme Court in the case of Secretary, State of Karnataka vs. Uma Devi & ors. : 2006(2) PLJR 363(SC) in which certain observations were given regarding payment of salary from the date of judgment of the Division Bench of the High Court. From the aforesaid observation it is evident that the Apex Court has set aside the direction of the High Court directing payment of salary to the employees equal to the salary and allowances that are being paid to the regular employees of their cadre in Government service with effect from the dates from which they were respectively engaged or appointed and it was held that the Division Bench of the High Court at best should have directed that wages equal to the salary that are being paid to the regular employees be paid to these daily wage employees with effect from the date of its judgment. 5 In view of the aforesaid direction of the Apex Court in Uma Devi’s case there does not appear to be any occasion for the petitioners to be paid salary at the interim stage while the writ petition was pending. In the above circumstances, no case for willful violation of the orders of this Court is made out. The contempt application is, accordingly, dismissed. However, it is made clear that it will be open to the petitioners to challenge the decision of the authorities rejecting their representation in appropriate proceedings as they may be advised. (Ramesh Kumar Datta,J.) spal/