Jalam Singh Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5351 of 2016 1.

Jalam Singh Netam S/o Shri Bahoran Singh Netam, Aged About 28 Years Working As A Part Time Swakshak At Govt. Primary School, Ghutkel, R/o Village Ghutkel, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 2.

Devraj Yadav, S/o Shri Gendlal, Aged About 30 Years Working As A Part Time Swakshak At Govt. Primary School Ghutkel, R/o Village Ghutkel, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 3.

Dinesh Samrath, S/o Shri Balaram, Aged About 27 Years Working As A Part Time Swakshak At Govt. Primary School, Likhma, R/o Village Likhma, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 4.

Jeevan Lal Netam, S/o Shri Roop Singh Netam, Aged About 26 Years Working As A Part Time Swakshak At Govt. Middle School, Ekawari, R/o Village Ekawari, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 5.

Amar Lal Vatti, S/o Shri Jalsingh Vatti, Aged About 25 Years Working As A Part Time Swakshak At Govt. Primary School, Ekawari, R/o Villaged Ekawari, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 6.

Sonraj Vatti, S/o Shri Ramdayal, Aged About 35 Years Working As A Part Time Swakshak At Govt. Primary School, Motimdih, R/o Village Motimdih, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 7.

Surendra Sahu, S/o Shri Dulluram, Aged About 25 Years Working As A Part Time Swakshak At Govt. Middle School, Borai, R/o Village Borai, Civil & Revenue Distt Dhamtari, (Chhattisgarh) 8.

Shivlal Salam, S/o Shri Panchuram Salam, Aged About 30 Years Working As A Part Time Swakshak At Govt. Primary School, Budra, R/o Village Budra, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 9.

Devendra Kumar, S/o Shri Nathela Ram, Aged About 30 Years Working As A Part Time Swakshak At Govt. Primary School, Karipani, R/o Village Karipani, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) 10.

Narad Samrath, S/o Shri Bisnath, Aged About 22 Years Working As A Part Time Swakshak At Govt. Pre Matrik Balak Chhatrawas, Ghutkel, R/o Village Ghutkel, Civil & Revenue Distt. Dhamtari, (Chhattisgarh) ---- Petitioners

Versus

1.

State Of Chhattisgarh Through Secretary, Department Of Education, New Mantralaya, P.S. Mandir Hasaud, Naya Raipur, Distt. Raipur, (Chhattisgarh) 2.

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

3.

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

District Education Officer, Dhamtari, Distt. Dhamtari, (Chhattisgarh) ---- Respondents -------------------------------------------------------------------------------------------------- For Petitioners :

Mr. Ajit Singh, Advocate.

For State :

Mr. Dhiraj Wankhede, Govt. Advocate ------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 07/10/2016 1.

The petitioners were appointed as Part Time Sweeper on a fixed salary of Rs.867/-, 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 12/06/2015 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 2012 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

12/06/2015, the respondent authorities should consider petitioners' representation in the matter of grant of wages. 5.

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/- (Sanjay K. Agrawal) Judge Chandra