Adhin Sai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3303 of 2016 1.

Adhin Sai S/o Shri Devan Ram, Aged About 35 Years Working As Part Time Sweeper, Posted On Primary School Marol, Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 2.

Albert Tigga, S/o Shri Grabial Tigga, Aged About 35 Years Working As Part Time Sweeper, Posted On Primary School Machhrikachhar, Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 3.

Mukesh Toppo, S/o Shri Mahendra Toppo, Aged About 26 Years Working As Part Time Sweeper, Posted On Primary School Samdura, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 4.

Bifal Ram, S/o Shri Rukhnath Ram, Aged About 45 Years Working As Part Time Sweeper, Posted On Primary School Semardand ( Marol), Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 5.

Smell Ekka, S/o Shri Francis Ekka, Aged About 35 Years Working As Part Time Sweeper, Posted On Govt. High School, Marol, Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 6.

Sushil Lakra, S/o Shri Manual Lakra, Aged About 32 Years Working As Part Time Sweeper, Posted On Primary School Navapara, Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 7.

Sunil Ekka, S/o Shri Albir Ekka, Aged About 30 Years Working As Part Time Sweeper, Posted On Primary School Sutri, Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 8.

Bhushan Ram, S/o Shri Somaru Ram, Aged About 30 Years Working As Part Time Sweeper, Posted On Primary School Duhduhkona, Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 9.

Dayashankar, S/o Shri Rameshwar, Aged About 33 Years Working As Part Time Sweeper, Posted On Middle School Dhodharamba, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 10.

Arvind Minj, S/o Shri Helarius Minj, Aged About 40 Years Working As Part Time Sweeper, Posted On Primary School Kadamtoli ( Ghughari), Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 11.

Anil Kujur, S/o Shri Ropna Kujur, Aged About 45 Years Working As Part Time Sweeper, Posted On Middle School Kadamtoli, Post Marol, Block Bagicha, Distt. Jashpur, (Chhattisgarh) 12.

Ghanshyam Yadav, S/o Shri Suresh Yadav, Aged About 33 Years Working As Part Time Sweeper, Posted On Middle School, Lamdand, Thana Kansabel, Block Bagicha, Distt. Jashpur, (Chhattisgarh) 13.

Dilip Kumar Tirkey, S/o Shri Albis Tirkey, Aged About 40 Years Working As Part Time Sweeper, Posted On New High School Kadamtoli, Post Marol, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 14.

Jagmohan Ram, S/o Shri Karmu Ram, Aged About 45 Years Working As Part Time Sweeper, Posted On Primary School, Kilkila, Thana + Block Bagicha, Distt. Jashpur, (Chhattisgarh) ---- Petitioners

Versus

1.

State Of Chhattisgarh Through: The Secretary, Department Of School Education Development Department, Mantrlaya, Mahanadi Bhawan, New Raipur, (Chhattisgarh) 2.

Director Lok Shikshan Sanchanalaya, Indravati Bhawan, New Raipur, Distt. Raipur, (Chhattisgarh) 3.

Collector, Jashpur, Distt. Jashpur, (Chhattisgarh) 4.

District Education Officer, Jashpur, Distt. Jashpur, (Chhattisgarh) 5.

Block Education Officer, Bagicha, Distt. Jashpur, (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioners : Mr. Manoj Chouhan, Advocate For State : Mr. Sangharsh Pandey, Dy. GA on advance copy. --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/08/2016 Heard.

1.

The petitioners, who were appointed as Part Time Sweeper in the year 2011 at the then existing collector rate, have filed this petition for a direction that they are entitled for grant of minimum wages as per minimum wage fixed vide letter dated 20.11.2015 (Annexure P-5). 2.

Learned counsel for the petitioners submits that a representation has also been moved by the petitioners for grant of minimum wages, however, the same are not being extended to the petitioners. 3.

The order of appointment of the petitioners show that they were appointed as Part Time Sweeper in the year 2011 on wages applicable in case of Part Time Sweeper, on collector rates. Therefore, if the collector wages have been revised, the case of the petitioners is also required to be considered for grant of appropriate and existing minimum wages prescribed by the Collector. Accordingly, the petitioners' case should also be considered and appropriate orders in their case should be passed by the respondent No.4 for grant of appropriate wages, according to current rate of wages applicable to the category of employment, in which the petitioners are employed. 4.

With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Chandra