Chintamani Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4596 of 2016

1. Chintamani Yadav S/o Ruduram Yadav, Aged About 30 Years Working As Part Time Sweeper, Girls Middle School, Surangpani, Block Patthalgaon, District Jashpur, ( Chhattisgarh)

2. Smt. Itwari Bai, W/o Anand Nag, Aged About 32 Years Working As Part Time Sweeper, Primary School, Pakhnapara, Block Patthalgaon, District Jashpur, ( Chhattisgarh)

3. Tarachandra Chakrawarty, S/o Jaylal Chakrawarty, Aged About 35 Years Working As Part Time Sweeper, Govt. Girls Higher Secondary School, Surangpani, Block Patthalgaon, District Jashpur, ( Chhattisgarh)

4. Smt. Sunita Bai, W/o Shri Majhnu Ram, Aged About 28 Years Working As Part Time Sweeper, Primary School Sugapara, Block Patthalgaon, District Jashpur, ( Chhattisgarh)

5. Smt. Dayanti Bai, W/o Shri Birsay, Aged About 30 Years Working As Part Time Sweeper, Boys Middle School, Surangpani, Block Patthalgaon, District Jashpur, ( Chhattisgarh)

6. Smt. Champavati Vaishnav, W/o Shri Sanat Kumar, Aged About 30 Years Working As Part Time Sweeper, Primary School, Sinhagarpara, Block Patthalgaon, District Jashpur, ( Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, ( Chhattisgarh)

2. The Director, Public Instructions, Directorate, Raipur, District Raipur, (Chhattisgarh)

3. The Collector, Jashpur, District Jashpur, (Chhattisgarh)

4. The District Education Officer, Jashpur, District Jashpur, (Chhattisgarh)

5. The Block Education Officer, Patthalgaon, District Jashpur, ( Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioners : Mr. K.P. Sahu, Advocate For State : Mr. Dheeraj Wankhede, G. A.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/09/2016 Heard.

1. The petitioners, who were appointed as Part Time Sweepers in the year 2013 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 order dated 02.11.2010 (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 2013 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. The decision should be taken within a period of 60 days by the respondent No.4.

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