Smt. Heeramani Kushwaha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5680 of 2016 Smt. Heeramani Kushwaha, W/o Shri Ram Prasad Kushwaha, aged about 30 years, Sweeper at Govt. Higher Secondary School, Sirsi, Bhaiyathan, District Surajpur, R/o Village Sirsi, Tahsil Bhaiyathan, District Surajpur.

---- Petitioner

Versus

1.

State of Chhattisgarh, through Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (CG).

2.

Director, Public Education Secretariat, Raipur, District Raipur (CG).

3.

Collector, Surajpur, District Surajpur (CG).

4.

District Education Officer, Surajpur, District Surajpur (CG). 5.

Principal, Government Higher Secondary School, Bhaiyathan, District Surajpur (CG).

---- Respondents For Petitioner : Ms. Meena Shastri, Advocate For Respondents/State : Shri Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/10/2016 (1) Heard.

(2) The petitioner, who was appointed as Part Time Sweeper in the year 2011 at the then existing collector rate, has filed this petition for a direction that she is entitled for grant of minimum wages as per minimum wage fixed vide letter dated 22.04.2016 (Annexure P-4). (3) Learned counsel for the petitioner submits that a representation

has also been moved by the petitioner for grant of minimum wage, however, the same is not being extended to the petitioner. (4) The order of appointment of the petitioner shows that he was appointed as Part Time Sweeper in the year 2011 on wages applicable in case of Part Time Sweeper, on collectorate rates. Therefore, if the collectorate wages have been revised, the case of the petitioner is also required to be considered for grant of appropriate and existing minimum wages prescribed by the Collector. Accordingly, the petitioner's case should also be considered and appropriate orders in his 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 petitioner is employed. (5) With the aforesaid observations, the petition is finally disposed off.

Sd/- (Sanjay K. Agrawal) Judge L/-