Durjo Prasad Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.5301 of 2016

1. Durjo Prasad Yadav S/o Lochan Prasad, Aged About 24 Years Government Primary School Kukrikhorro (Sithra), Block Dharamjaigarh, District Raigarh Chhattisgarh

2. Tarun Kumar Gupta, S/o Bhoj Ram Gupta, Aged About 24 Years Government Primary School Semipali, Block Dharamjaigarh, District Raigarh Chhattisgarh

3. Angad Singh S/o Indal Singh, Aged About 31 Years Government Middle School Sithra, Block Dharamjaigarh, District Raigarh Chhattisgarh

4. Jhaduram S/o Andan Singh, Aged About 24 Years Government Primary School Sithra, Block Dharamjaigarh, District Raigarh Chhattisgarh

5. Pradip Kumar Rathiya S/o Bhojram Aged About 26 Years Government Middle School Semipali, Block Dharamjaigarh, District Raigarh Chhattisgarh

6. Filmon Ekka S/o Joshef Ekka, Aged About 28 Years Government Primary School Puchhidhodi (Kamosindand), Block Dharamjaigarh, District Raigarh Chhattisgarh

7. Sachin Kujur S/o Teepu Aged About 29 Years Government Primary School Ras Kuriya, Block Dharamjaigarh, District Raigarh Chhattisgarh

8. Parsuram Ekka S/o Dhaniram Ekka, Aged About 42 Years Government Primary School Thirriama (Putukachhar), Block Dharamjaigarh, District Raigarh Chhattisgarh

9. Rejina Ekka D/o Samel Ekka, Aged About 40 Years Government Primary School Fulbahri, Block Dharamjaigarh, District Raigarh Chhattisgarh 10.Mira Chauhan W/o Dilram, Aged About 40 Years Government Middle School Thakurpodi, Block Dharamjaigarh, District Raigarh Chhattisgarh 11.Yadumani Khuntiya S/o Biranchi, Aged About 41 Years Government Primary School Lamdand, Block Dharamjaigarh, District Raigarh Chhattisgarh 12.Jin Sing Sidar S/o Ramnath Sidar, Aged About 46 Years Government Middle School Taalgaon, Block Dharamjaigarh, District Raigarh Chhattisgarh 13.Hariram S/o Ghamandi, Aged About 36 Years Government Primary School Jaanikmahuwa, Block Dharamjaigarh, District Raigarh Chhattisgarh 14.Indrajeet Yadav S/o Harinath Yadav, Aged About 32 Years Government Primary School Taalgaon, Block Dharamjaigarh, District Raigarh Chhattisgarh 15.

Rajnath Das S/o Nohar Das, Aged About 40 Years Government Middle School Khadgaon, Block Dharamjaigarh, District Raigarh Chhattisgarh 16.

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education Development, Mantralay, Mahanadi Bhawan, Police Station Mandir Hasaud, New 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. Labour Officer, Raigarh, District Raigarh (Chhattisgarh). ---- Respondents For Petitioners :

Shri Ajeet Kumar Yadav, Advocate For Respondent/State :

Shri D. R. Minz, Dy.GA S.B. : Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/10/2016 Heard on admission.

1.

The petitioners were appointed as Part Time Sweeper on a fixed salary of Rs.1,000/-, 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 25/04/2016 be awarded to the petitioners.

2.

It is also submitted that representation has also been moved by the petitioners 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 2011 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 25.04.2016, 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/- (Manindra Mohan Shrivastava) Judge Tumane