Smt. Ani Bhagat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3826 of 2018 Smt. Ani Bhagat W/o Vishnu Bhagat, aged about 40 years, R/o Ward No.8, Santosh Nagar Patarapara, Dharamjaigarh, Police Station Dharamjaigarh, District Raigarh (C.G.).

---Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Tribal Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.).

2. Commissioner, Tribal Development Department, Raipur, District Raipur (C.G.).

3. Assistant Commissioner, Tribal Development Department, Raigarh, District Raigarh (C.G.).

4. Collector, Raigarh, District Raigarh (C.G.).

5. Project Officer, Office of Project Administrator, Integrated Tribal Development, Dharamjaigarh, District Raigarh (C.G.). ---Respondents For petitioner :

Shri Rajendra Kumar Patel, Advocate.

For State :

Shri Adhiraj Surana, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/05/2018 1.

Heard.

2.

The petitioner was appointed as Part Time Sweeper on a fixed salary, i.e. the then existing collector rate of wages. The petitioner has approached this Court with a grievance that the rates of minimum wages have been revised but even then, the petitioner is being continued on exploitative rates of wages which are no longer in existence. The petitioner pray for a direction

that minimum wages as per minimum wage fixed vide latest revised rate in the letter dated 01/05/2017 be awarded to the petitioner. 3.

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. 4.

The order of appointment of the petitioner show that she was appointed as Part Time Sweeper since 2008 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.

5.

There is no reason, why revised rate of wages should not been extended to the petitioner who is working as Part Time Sweeper. In these circumstances, when the wages have been revised vide letter dated 01/05/2017, the respondent authorities should consider petitioner's representation in the matter of grant of wages accordingly if they are otherwise entitled for.

6.

Respondent authority shall consider petitioner's grievance and pass necessary order regarding granting of 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 petitioner shall make fresh representation individually or collectively.

7.

With the aforesaid observation, this petition stands finally disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE