Clarification how to implement order by day or period
(8) So far as the contention of Ms.Ramani for entitlement of wages for the period the respondent worked as Legal Assistant is concerned, we find merit in the same. Learned Advocate Ms.Avani Mehta is unable to dispute the contents of Letter dated 12.11.2008 issued by the petitioner authorities wherein it is specifically
stated that services of the respondent was utilized as Legal Assistant as he possess legal qualification (LL.B), and further request was made to pay him honorarium for such service. It seems that thereafter the
respondent was paid an honorarium of Rs.2,500/per year as evident from the Letter dated 20.07.2011. Thus, the respondent was only paid a meager amount of Rs.2,500/as honorarium per year for the services rendered by him as Legal Assistant. It is undisputed fact that the post of Legal Assistant was lying vacant and the respondent used to perform duties of Legal Assistant. In our considered opinion the Respondent is entitled to wages/salary of Legal Assistant for the period he worked as such. Ms.Ramani states that the respondent was rendering his service as Legal Assistant since 1996, whereas Ms.Avani Mehta has asserted that his services were utilized as such since 2008. We would like to abstain ourselves from entering into disputed question. However, we direct the petitioners to examine the record for ascertaining the period for which the respondent was assigned the work of Legal Assistant, and pay him wages of the post of Legal Assistant for that period. The amount of honorarium granted to the Respondent shall be adjusted while computing the wages of the petitioner for period in question. The entire exercise
shall be completed within a period of three months from today.
(9) The petition is partly allowed. Rule is made absolute to the aforesaid extent.
Sir, Please clarify the above court order is implementation for day i.e. work of legal file noting on date 1, 5, 10, 18 of the month or period for the post is vacant from 1996 to fill up the post of legal assistant.i