Baleshwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3775 of 2016 1.

Baleshwar S/o Shri Dharmu Ram, Aged About 27 Years By Cate: Aghariya, Working At Government Primary School Navapara, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 2.

Umashanker Raghu, S/o Atwar Sai, Aged About 28 Years By Caste: Aghariya, Working At Government Primary School Navapara, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 3.

Lakhanti, W/o Shri Jageshwar, Aged About 25 Years By Caste: Aghariya, Working At Government Middle School Navapara, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 4.

Ramesh Kumar Mahant, S/o Shri Narad Das, Aged About 26 Years By Caste: Panika, Working At Government Primary School Balak Podi, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) Jalandhar Ekka, S/o Shri Shivlal Ekka, Aged About 27 Years By Cate: Uraon, Working At Government Middle School Lipti, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 6.

Paremal Kispotta, S/o Shri Imin Sai, Aged About 27 Years By Caste: Uraon, Working At Government Middle School Balak Podi, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 7.

Rajkumar, S/o Shri Karru Ram Ekka, Aged About 23 Years Caste: Kanwar, Working At Government Primary School Gordhi Khurd, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 8.

Raghunath Lakda, S/o Shri Chandar Sai, Aged About 27 Years By Caste: Uraon, Working At Government Primary School Kadhrapara, Tah Dharamjaigarh, District Raigarh, (Chhattisgarh) 9.

Sushil Kumar Toppo, S/o Shri Jugru Toppo, Aged About 27 Years By Caste: Uraon, Working At Government Primary School, Padkipara, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 10.

Sunil Kumar, S/o Shri Kamal Sai, Aged About 26 Years By Caste: Manjhi, Working At Government Primary School Sadakpara, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 11.

Sukrita Tirkey, W/o Sukhnath Tirkey, Aged About 28 Years By Caste: Uraon, Working At Government Middle School, Paraghati, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 12.

Jevanti Minj, D/o Shri Pradis Minj, Aged About 29 Years By Caste: Uraon, Working At Government Middle School Paraghati, Tahsil Dharamjaigarh, District Raigarh, (Chhattisgarh) 13.

Harishasnker Rathiya, S/o Shri Ram Rathiya, Aged About 23 Years By Caste: Kanwar, Working At Government Primary School, Ghutrapara, Tah. Dharamjaigarh, District Raigarh, (Chhattisgarh) ---- Petitioners

Versus

1.

State Of Chhattisgarh Through: Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, New Raipur, (Chhattisgarh)

2.

The Director, Public Instrucation Directorate Raipur, District Raipur, (Chhattisgarh) 3.

The Collector, Raigarh, District Raigarh, (Chhattisgarh) 4.

The District Education Officer, Raigarh, District Raigarh, (Chhattisgarh) The Block Education Officer, Dharamjaigarh, District Raigarh, (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner : Mr. Ajeet Kumar Yadav, Advocate For State : Mr. R.K. Gupta, Dy. Advocate General --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/08/2016 Heard.

1.

The petitioners were appointed as Part Time Sweeper on a fixed salary of Rs.1,000/-, the then existing collector rate of wages. The petitioners have approached this Court with a grievance that the rates of minimum wages have been revised but even then, the petitioners are being continued on exploitative rates of wages which are no longer in existence. The petitioners pray for a direction that minimum wages as per minimum wage fixed vide latest revised rate in the letter dated 24/04/2016 be awarded to the petitioners. 2.

It is also submitted that representation has also been moved by the petitioner for grant of wages, however, the same has not been considered favourably. Therefore, this petition has been filed. 3.

The order of appointment of the petitioners show that they were appointed as Part Time Sweepers in the year 2007 on wages applicable to Part Time Sweepers on collector rates as applicable on their respective date of appointment. However, these rates of wages for such kind of employees have been revised from time to time.

4.

There is no reason, why revised rate of wages should not been extended to the petitioners who are working as Part Time Sweeper. In these circumstances, when the wages have been revised vide

letter dated 24.04.2016, the respondent authorities should consider petitioners' representation in the matter of grant of wages. Respondent No.2 shall consider petitioners' grievance and pass necessary order in that regard to grant them appropriate wages on the rates applicable to them as revised from time to time. The matter should be decided within a period of 60 days from the date of receipt of copy of this order. The petitioners shall make fresh representation individually or collectively.

6.

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