IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16670 of 2009 1. VIJAY KUMAR PANDEY S/O SRI KRIPA SHANKAR PANDEY R/O IN WARD NO. 18, P.S. BHABUA,DISTT- KAIMUR AT BHABUA Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE KAIMUR AT BHABHUA 2. DISTRICT PLANNING OFFICER KAIMUR AT BHABHUA 3. NAZIR, D.R.D.A. KAIMUR AT BHABHUA ----------- 2. 19.1.2010 Heard learned counsel for the petitioner and the State. The petitioner claims to have been appointed on daily wages but states to have been denied the same from June, 2009 to September, 2009, on certain oral directions. A Government governed by the rule of law does not function on verbal directions. If the petitioner had been appointed in accordance with law on daily wages, his services can be dispensed with only in accordance with law. If he is discharging duties as he claims and for which he has represented before the District Magistrate also, denial of wages to him violates not only Article 23 of the Constitution of India but may also invite penal consequences under payment of Minimum Wages Act against the concerned. Counsel for the State rightly submits that it is a matter of factual verification if the petitioner has physically worked on the dates that he claims. The petitioner has made allegations of illegal denial of salary by the District Programme Officer, Kaimur. 2 Let the District Magistrate enquire into the grievances of the petitioner in pursuance of his representation dated 3.11.2009 and pass a reasoned and speaking order in accordance with law within a maximum period of two months from the date of receipt/production of a copy of this order before him. If the District Magistrate finds justification in the claim of the petitioner or a part of the claim, it is expected that the consequential benefits shall be made available to the petitioner within like period, when the District Magistrate shall also consider issues of Article 23 of the Constitution of India and the payment of Minimum Wages Act against those who may have defaulted in denying the legitimate dues of the petitioner. The application stands disposed. P. Kumar (Navin Sinha, J.)