Court No. - 6 Case :- SERVICE SINGLE No. - 4544 of 2010 Petitioner :- Smt. Ram Rati Devi W/O Daya Ram Respondent :- State Of U.P. Thru Secretary Employment & Ors. Petitioner Counsel :- Birendra Kumar Gautam Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
In compliance of the Court’s order, Sri Rama Shanker Bharti, Regional
Employment Officer, Faizabad, is present in this Court. He has very
truthfully informed that since there is no post of Sweeper and the office
had to be cleaned, accordingly this was arranged that the petitioner may
be given Rs.5/- per day and the Office may be got cleaned by her. He
has not been able to justify why even the minimum wages could not be
paid to her.
Rupees five, with the price index of today, is a meager amount, which
we could hardly imagine for the work conducted by the petitioner. The
petitioner has worked for thirteen years by now. Article 23 of the
Constitution of India, perhaps envisaging such a situation, had already
declared that no begar will be allowed or permitted in this Country,
which is a socialistic democracy. The petitioner, who belongs to
Schedule Caste category, even today is being exploited and is being
engaged for the work as Sweeper at Rs. 5/- per day. The argument, that
it is a part time employment, does not hold much water, since the
argument crops up only to defend the situation because in similar
circumstances, in all other offices, reglar sweepers are engaged on
regular pay scale.
The officer present today, has fairly stated that he has tried the best at
his level to get the post sanctioned, but his request was never heeded to,
by the higher authorities like the Director and the State Government.
In view of the fact that for the last thirteen years, the petitioner has been
working on the meager amount of Rs. 5/- per day and he is still
continuing, this Court records its displeasure at the apathy of the
opposite parties.
While inviting the counter affidavit from the standing counsel giving
details as to under what circumstances such an exploitation was allowed
to continue for years together, within a period of four weeks, this Court
directs that the opposite parties shall pay a sum of Rs. 64/- per day to
the petitioner as has been allowed vide G.O.dated 8.6.2001 annexed as
annexure-7 to the writ petition, till further orders of this Court.
List thereafter.
Order Date :- 27.7.2010
Ravi