Shanti Lal Sarthi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5055 of 2016

1. Shanti Lal Sarthi S/o Ram Sai Sarthi, Aged About 25 Years Working As Part Time Sweeper, Govt. Primary School Mudapara, Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh)

2. Ishwar Prasad Rathiya S/o Pati Ram Rathiya, Aged About 32 Years Working As Part Time Sweeper, Govt. Primary School Reelo, Block Dharamjaigarh, District Raigarh (Chhattisgarh)

3. Roop Singh S/o Beer Singh Rathiya, Aged About 45 Years Working As Part Time Sweeper, Govt. Primary School Pusulda, Block Dharamjaigarh, District Raigarh (Chhattisgarh)

4. Ganu Ram S/o Ram Sai Sarthi, Aged About 27 Years Working As Part Time Sweeper, Govt. Middle School Banhar, Block Dharamjaigarh, District Raigarh (Chhattisgarh)

5. Gyaneshwar Yadav S/o Mohit Ram Yadav, Aged About 24 Years Working As Part Time Sweeper, Govt. Middle School Beharmuda, Block Dharamjaigarh, District Raigarh (Chhattisgarh) ---- Petitioners

Versus

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

2. Director, Lok Sikshan Sanchanalaya, Indrawati Bhawan, New Raipur, District Raipur (Chhattisgarh)

3. Collector, Raigarh, District Raigarh (Chhattisgarh).

4. District Education Officer, Raigarh, District Raigarh (Chhattisgarh).

5. Block Education Officer, Block Dharamjaigarh, District Raigarh (Chhattisgarh)

6. Labour Officer, Raigarh, District Raigarh (Chhattisgarh). ---- Respondents For Petitioners :

Mr. Kamlesh Kumar Pandey, Advocate For Respondent-State : Mr. Dilman Rati Minj, Dy. Govt. Advocate

Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 22/09/2016 1.

Heard.

2.

The petitioners, who were appointed as Part Time Sweepers 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 25.04.2016.

3.

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.

4.

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. The decision should be taken within a period of 60 days by the respondent No.4. 5.

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