Summary
The State’s policy converting part-time revenue chowkidars into daily wagers granted seniority from completion of ten years’ part-time service but wages only from actual appointment as daily wagers. The High Court’s direction to grant monetary benefits retrospectively from 1 January 2007 contradicted that policy and its own earlier ruling. The Court set aside the monetary direction while expressly preserving retrospective seniority without past financial benefits.
Issues
- Whether retrospective seniority on conversion to daily-wage status also entitled revenue chowkidars to wages for the earlier part-time period.
Held
- The 2004 policy for departmental part-time Class IV employees contemplated prospective conversion. The later Revenue Department communication specifically addressed revenue chowkidars and adopted the earlier Moti Singh principle separating seniority credit from monetary entitlement. (¶¶ 2, 6, 7, 14, 15, 16, 17)
- The policy granting seniority from completion of ten years while excluding past financial benefits had to be followed. The High Court’s monetary direction from 1 January 2007 was inconsistent with that stipulation and its earlier decision. (¶¶ 19, 20, 21, 22)
- Seniority of chowkidars granted daily-wage status must count from completion of ten years as part-time chowkidars, but wages are payable from actual daily-wage appointment and no past financial benefits follow. The State must abide by the communication of 22 September 2011. (¶¶ 17, 22, 23)
Result
Appeals allowed; direction to pay monetary benefits from 1 January 2007 set aside. Seniority from completion of ten years’ part-time service preserved without retrospective financial benefits. No order as to costs; pending applications disposed of.