Lakhan Lal Kishan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4823 of 2016

1. Lakhan Lal Kishan S/o Shri Narsingh, Khadiya, Aged About 32 Years R/o Village Jampali, P.S. And Tahsil Raigarh, Block Raigarh, District Raigarh Chhattisgarh

2. Smt. Ramwati Yadav, W/o Shri Bhagbhathiya Yadav, Aged About 32 Years R/o Village Usraut, P.S. And Tahsil Raigarh, Block Raigarh, District Raigarh Chhattisgarh

3. Smt. Jambuwati Yadav, W/o Shri Bodhram Yadav, Aged About 33 Years R/o Village Usraut, P.S. And Tahsil Raigarh, Block Raigarh, District Raigarh Chhattisgarh

4. Smt. Sukrita Sarthi, W/o Bhoj Ram Sarthi, Aged About 30 Years R/o Village Usraut, P.S. And Tahsil Raigarh, Block Raigarh, District Raigarh Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The 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 ---- Respondents Shri Jeet Patel, counsel for the petitioner/s. Shri R.K.Gupta, Dy.A.G. for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/09/2016 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 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 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 orders 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 Deepti