Santosh Kumar Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5224 of 2016

1. Santosh Kumar Nishad, S/o Raghunandan Nishad, aged about 34 years, posted as Part Time Sweeper, Primary School, Piprodih, Block Berla, District Bemetara (C.G.)

2. Chhabiram Sahu, S/o Jagdish Sahu, aged about 39 years, posted as Part Time Sweeper, Primary School, Bargaon, Block Berla, District Bemetara (C.G.)

3. Janki Verma, W/o Raju Verma, aged about 32 years, posted as Part Time Sweeper, Primary School, Matiya, Block Berla, District Bemetara (C.G.)

4. Beena Yadav, W/o Banshiram Yadav, aged about 27 years, posted as Part Time Sweeper, Primary School, Achholi, Block Berla, District Bemetara (C.G.)

5. Smt. Lata Sahu, W/o Shri Mohit Sahu, aged about 29 years, posted as Part Time Sweeper, Pre-Middle School, Pahanda, Block Berla, District Bemetara (C.G.)

6. Anita Nishad, W/o Bharat Nishad, aged about 36 years, posted as Part Time Sweeper, Primary School, Belaudi, Block Berla, District Bemetara (C.G.)

7. Meena Ram Sahu, S/o Dukalha Sahu, aged about 22 years, posted as Part Time Sweeper, Pre-Middle School, Belaudi, Block Berla, District Bemetara (C.G.)

8. Smt. Nandrani Mahar, W/o Madan Mahar, aged about 36 years, posted as Part Time Sweeper, Higher Secondary School, Bargaon, Block Berla, District Bemetara (C.G.)

9. Tekram Sahu, S/o Shri Devlal Sahu, aged about 40 years, posted as Part Time Sweeper, Pre-Middle School, Bargaon, Block Berla, District Bemetara (C.G.)

10. Bhagat Nishad, S/o Mohan Nishad, aged about 19 years, posted as Part Time Sweeper, Govt. Pre-Middle School, Mudpar (Khurd), Block Berla, District Bemetara (C.G.) 11.Pushpa Bai Nishad, W/o Ram Singh Nishad, aged about 34 years, posted as Part Time Sweeper, Primary School,

Mudpar (Khurd), Block Berla, District Bemetara (C.G.)

12. Santram Yadav, S/o Somnath Yadav, aged about 34 years, posted as Part Time Sweeper, Government PreMiddle School, Achholi, Block Berla, District Bemetara (C.G.) 13.Ajay Kumar Yadav, S/o Malesh Ram Yadav, aged about 31 years, posted as Part Time Sweeper, Primary School, Chetuwa, Block Berla, District Bemetara (C.G.) 14.Tularam Yadu, S/o Shri Parasram Yadu, aged about 27 years, posted as Part Time Sweeper, Primary School, Sahgaon, Block Berla, District Bemetara (C.G.) 15.Lokesh Kumar Yadav, S/o Mohan Lal Yadav, aged about 29 years, posted as Part Time Sweeper, Primary School, Pahanda, Block Berla, District Bemetara (C.G.) 16.Gopal Sahu, S/o Awadhram Sahu, aged about 22 years, posted as Part Time Sweeper, Primary School, Kospatar, Block Berla, District Bemetara (C.G.) 17.Mohan Kumar Yadav, S/o Shekhram Yadav, aged about 25 years, posted as Part Time Sweeper, Primary School, Jamghar, Block Berla, District Bemetara (C.G.) ---- Petitioners

Versus

1. State of Chhattisgarh, Through the Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

2. The Director, Public Instructions, Directorate, Indrawati Bhawan, New Raipur, District Raipur (C.G.)

3. The Collector, Bemetara, District Bemetara (C.G.)

4. The District Education Officer, Bemetara, District Bemetara (C.G.)

5. The Block Education Officer, Berla, District Bemetara (C.G.) ---- Respondents For Petitioners:

Mr. K.P. Sahu, Advocate.

For State/Respondents:

Mrs. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/10/2016

1. Heard.

2. The petitioners, who were appointed as Part Time Sweepers in the year 2011 at the then existing Collector rate, have filed this petition for a direction that they are entitled for grant of minimum wages as per the minimum wage fixed vide letter dated 12-4-2016.

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 is not being extended to the petitioners.

4. The orders of appointment of the petitioners show that they were appointed as Part Time Sweepers in the year 2011 on wages applicable in case of Part Time Sweeper, on Collector rates. Therefore, if the Collector 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 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 observation, the petition is finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Soma