IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2318 of 2011 1. Ramesh Kumar SON OF SRI BVACHCHAN PATEL RESIDENT OF LAPTAHI KURMI TOLA, P.S. GULBARIYA, WEST CHAMPARAN. 2. PAWAN DOM SON OF LATE LALDEV DOM RESIDENT OF GUOAL BIGHA, DOM TOLI, P.O. DURGA ASTHAN, P.S. RAMPUR, DISTRICT GAYA. 3. ASHOK RAM SON OF LATE BACHU RAM RESIDENT OF KHIZERSARAI, P.S. KHIZERSARAI, PATNA. Versus 1. The State Of Bihar 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME (SPL.), BIHAR, PATNA. 3. THE INSPECTOR GENERAL (PRISONS), BIHAR, PATNA. 4. THE DIRECTOR (ADMINISTRATION JAIL INSPECTION) HOME (JAIL DEPTT.), BIHAR, PTNA. 5. THE SUPERINTENDENT, CENTRAL JAIL, GAYA. ----------- 2 06/07/2011 The issues raised by these petitioners have also been under consideration of this Court in some other writ applications relating to the people working on daily wages in the Central Jail, Gaya. Directions have been issued in some of those cases for payment or grant of minimum time scale of pay provided such persons were working against sanction vacant posts. In case it is not so, such a direction would not apply to those persons. - 2 - This decision is based on some earlier directions made by the High Court in several writ applications between 1995 and 2000. The order in question produced before this Court relates to the case of Sanjay Kumar Bhagat and others Vs. State of Bihar and others which is C.W.J.C. No. 17269 of 2009 disposed of on 9.2.2010. Copy of the order produce is retained on the record. Though there is statement made in the counter affidavit that these petitioners are working on daily wages based on the need and not against any vacant sanctioned post but there is some controversy on the material and evidence with regard to some communication made by the former jailor on this score. In view of the same, this writ application is disposed of with a direction upon the present management, namely, Superintendent of the Central Jail, Gaya that he will verify the actual position with regard to engagement of these petitioners whether the same is against any sanctioned vacant posts or not. If it is, they will beget the minimum time scale of pay. If it is not, it is for them to choose whether they would like to continue - 3 - with the Institution or look for better avenues. This writ application stands disposed of with the observation aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)