Smt. Vimla Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4797 of 2017

1. Smt. Vimla Bai S/o W/o Shri Narayan Das, Aged About 47 Years Posted As Part Time Sweeper At Govt. Homoeopathy Aushdhalay Mayapur, Tehsil & P. S. Pratappur, District Sarguja (Chhattisgarh)

2. Bageshwar Ram, S/o Vidhun Ram, Aged About 46 Years Posted As Part Time Sweeper At Govt. Homoeopathy Aushdhalay Wadrafnagar, Tehsil & P. S. Wadrafnagar, District Sarguja (Chhattisgarh)

3. Sanjay Kumar, S/o Ravishankar Lal, Aged About 41 Years Posted As Part Time Sweeper At Govt. Homoeopathy Aushdhalay Pandri, Tehsil & P. S. Wadrafnagar, District Sarguja (Chhattisgarh)

4. Vijay Kumar Keshari S/o Ayodhya Prasad Keshari, Aged About 37 Years Posted As Part Time Sweeper At Govt. Homoeopathy Aushdhalay Mayapur, Tehsil & P. S. Pratappur, District Sarguja (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Health And Family Welfare & Medical Education Department, Mahanadi Bhawan, New Raipur, Distt. Raipur Chhattisgarh.

2. Director, Directorate Of Indian Medical System ? Homeopathy, Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh.

3. Divisional Officer, Aayurved / Homeopathy, Ambikapur, Distict Surguja Chhattisgarh.

4. Collector, Ambikapur, Distict Surguja Chhattisgarh.

5. Superintendent Cum Distt Aayurved / Homeopathy Officer, Ambikapur, Distict Surguja Chhattisgarh.

---- Respondents For Petitioners :

Shri Jeet Patel, Advocate For Respondent/State :

Shri A. S. Kachhawaha, Additional AG Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/09/2017 Heard.

2.

The petitioners were appointed as Part Time Sweeper on a fixed salary, i.e. 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 01/05/2017 be awarded to the petitioners. 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 petitioners show that they were appointed as Part Time Sweepers since 1990 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 petitioners who are 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 petitioners' representation in the matter of grant of wages. Respondent authority 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. 7.

With the aforesaid observation, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge