Haresh Kumar Behra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6729 of 2016 1.

Haresh Kumar Behra S/o Shri Trilokchand Behra Aged About 22 Years Working As Sweeper, R/o Village- Lotan, TahsilDharamjaigarh, District- Raigarh, Chhattisgarh

2. Jaglal Rathiya S/o Mohar Sai Rathiya Aged About 24 Years Working As Sweeeper, R/o Village Chhal, TahsilDharamjaigarh, District- Raigarh

3. Jayprakash Jangde S/o Shri Ratiram Jangde Aged About 25 Years Working As Sweeeper, R/o Village Chhal, TahsilDharamjaigarh, District- Raigarh ---- Petitioners

Versus

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

2. The Director, Public Instructions, Directorate, Raipur, DistrictRaipur, Chhattisgarh

3. The Collector, Raigarh, District- Raigarh, Chhattisgarh

4. The District Education Officer, Raigarh, District- Raigarh, Chhattisgarh

5. The Block Education Officer Dharamjaigarh, DistrictRaigarh,chhattisgarh ---- Respondents For Petitioners : Shri Kamlesh Kumar Pandey, Advocate For State : Shri Ashish Surana, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/12/2016 (1) Heard.

(2) The petitioners, who were appointed as Part Time Sweeper in the year 2011, 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.

(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 shows that they were 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 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. (5) With the aforesaid observations, the petition is finally disposed off.

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