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1997 DIGILAW 552 (RAJ)

Bhagwati Devi v. State of Rajasthan

1997-04-26

N.L.TIBREWAL

body1997
Honble TIBREWAL, J. – The petitioner is a woman. She is in service of Panchayat Samiti Umaran, posted in Government Girls Primary School, Malakhera, district Alwar. She was employed as part- time worker in May, 1988 on payment of Rs. 100/- per month. This amount was increased to Rs. 150/- w.e.f. April, 1991 and presently also she is paid Rs. 150/- per month. She has approached this Court forgetting two-fold reliefs. The first relates to regularise her as Class IV employee from the date of her initial appointment. The second one is for regular scale of pay of a class IV employee as she was working for eight hours in a day and discharging all the duties of a regular class IV employee. The respondents, in their return, have taken the plea that the petitioner was a part-time employee for doing specific workof filling water in pitchers for the students. An affidavit of the Head Mistress of the School concerned has been filed by the respondents in support of this contention. The Head Mistress in her affidavit has deposed that the petitioner was not working for more than one hour in a day as she was engaged to bring water from the nearby hand-pump. In view of this affidavit, petitioners contention cannot be accepted that she was is performing duties for eight hours every day like a regular class-IV employee. (2). In any case, this being a disputed question of fact cannot be gone into by this Court while exercising powers under Article 226 of the Constitution. Hence, no direction can be given that the petitioner be paid minimum of the scale of pay admissible to a regular class IV employee on basis of the doctrine of `equal pay forequal work. Recruitment and other service conditions in Class IV services are governed and regulated by the Rajasthan Class IV services (Recruitment and other Service Conditions) Rules, 1963 (for short `the rules). Part IIIrd of the rules deals with the methods of recruitment and one of them is by absorption of part-time employees. Recruitment and other service conditions in Class IV services are governed and regulated by the Rajasthan Class IV services (Recruitment and other Service Conditions) Rules, 1963 (for short `the rules). Part IIIrd of the rules deals with the methods of recruitment and one of them is by absorption of part-time employees. Rule 17 (C) deals with the procedure for absorption of part-time emplo-yees and it provides that persons previously employed on part-time basis in a Department, on such posts being initially sanctioned and brought on regular establishment, and have been continuously working as such may be absorbed and appointed after screening by the Appointing Authority once only on posts which may be declared equivalent by the Government in the Administrative Departmentif they have put in at least two years service on 1.4.78 or who were appointed before 1.4.76 after adjudging, their suitability in such manner as the Government may, by an order, generally or specifically direct. Thus, this rule provides one time programme to absorb part-time employees who had put in at least 2 years service on 1.4.78 or who were appointed before 1.4.76. The rule does not provide absorptionof part time employees appointed after 1.4.76. However, the State Government has been taking policy decision at times for absorbing part-time employees in regular cadre. The question of regularisation also depends on the availability of sanctioned posts and seniority of the candidate in the department in which he/she is working. (3). The matter, however, does not conclude here. The petitioner is being paidRs. 5/- per day which is too meagre and far below the sustenance levels. Rs. 5/- in these days can hardly buy two cups of tea, hence payment of Rs. 5/- per day is crude joke with the petitioner who appears to be working under compulsion having no other source of livelihood. In a country, like ours, unemployment is in a large scale and people are forced to accept employment on terms unilaterally dictated by theemployer. This year we are celebrating `Golden-Jublee of 50th anniversary of our independence and claim to be a welfare state. The preamble of our Constitution proclaims to secure social and economic justice as fundamental right to all citizens of the country. The directive principles of State Policy contained in part IV of the Constitution are fundamental in the governance of the country and the State iscommitted to apply these principles in making laws. The preamble of our Constitution proclaims to secure social and economic justice as fundamental right to all citizens of the country. The directive principles of State Policy contained in part IV of the Constitution are fundamental in the governance of the country and the State iscommitted to apply these principles in making laws. Article 38 of the Constitution casts an obligation on the State to secure the social order for the promotion and welfare of the people in which justice, social, economic and political, shall inform all the institutions of the national life. It also provides, amongst others, that the State shall strive to minimise the in-equalities in income, and endeavour to eliminate in- equalities in status, facilities and opportunities, not only amongst individual but also amongst groups of people residing in different areas or engaged in different vocations. (4). Article 39 contains certain principles of policy to be followed by the State. One of them is that the citizens, men and women equally, have the right to an ade- quate means of livelihood. Article 51-A enjoins on every citizen to improve excellence individually and collectively so that the nation constantly rises to higher levels of endeavour and achievement. Right to social and economic justice, as well as, the right to development and right to an adequate means of livelihood as assured by the Constitution would be dream in papers only if citizens are paid so badly. The courts cannot be silent spectators whenever matters like the present one comes before them. It is Constitutional obligation to do complete justice and issue proper directions in consonance and conformity with letter and spirit of the Constitution. The State Government likewise all public sector undertakings and institutions likeZila Parishads etc. are expected to function model and enlightened employers and they cannot be permitted to raise the plea that the petitioner had agreed to work @ Rs. 5/- per day, as such, she cannot claim any relief under Article 226 of the Constitution. The founding fathers of the Constitution have placed no limitations and fetters on the power of the High Court under Article 226 of the Constitution. Thearm of the Court is long enough to reach injustice and exploitation wherever it is found and to meet out justice in given facts of the case. (5). The founding fathers of the Constitution have placed no limitations and fetters on the power of the High Court under Article 226 of the Constitution. Thearm of the Court is long enough to reach injustice and exploitation wherever it is found and to meet out justice in given facts of the case. (5). Though the petitioner has been working as a part-time employee but this alone does not justify payment of Rs. 5/- per day which cannot provide even one time meal. A part-time employee should also be paid sufficiently in view of highcosts of living. I am of the opinion that in any case it should not be less than 1/3rd or 1/2 of the minimum wages fixed by the State Government from time to time for a manual worker. Keeping in view that the petitioner is working since 1988, it is directed that she shall be paid 50% of the minimum wages as her remuneration from the date of filing of this writ petition i.e. 16.7.96. The arrears shall be paid toher within two months from the date of filing a certified copy of this order. It is further directed that her candidature shall be considered by the Panchayat Samiti concerned as and when a sanctioned post of a Class IV is available subject to her seniority. While doing so, her present age shall not come in way as a bar as she was within age limit when she was initially engaged. (6). Before parting with I would like to express that the State Government should frame a uniform policy to be followed by all its departments and statutory bodies about payment of remuneration to part-time employees. Payment of regular scale of pay to whole time workers on daily wage basis and their consideration for regularisation in the services. A large number of cases involving such disputes comebefore this Court for seeking relief and necessary directions to the State Government or the Statutory bodies. If a uniform policy is prescribed and adopted by the State Government and other public institutions, it shall minimise not only unnecessary litigation before this Court but shall also check loss of huge public money and human energy spent in defending such cases. I may formulate some guidelinesfor consideration of the State Government to formulate a uniform policy in this connection. I may formulate some guidelinesfor consideration of the State Government to formulate a uniform policy in this connection. (i) No part time employee should be paid less than 1/3rd of the minimum wages fixed by the Government from time to time in case he works up to 7 hours in a week. In others cases, he should not be paid less than 50% of the minimum wages: (ii) A part time worker, on completion of 10 years satisfactory service, should have a right of absorption in the service as and when a sanctioned post becomes available; (iii) No person should be employed as part-time without written appoint- ment letter specifying his working hours per day. This is necessary because a dispute is often raised that inspite of part-time employment, services of the employee are taken for whole of the day like a regular employee; (7). The writ petition stands disposed of as indicated above. In the facts and circumstances of the case, there shall be no order as to costs. (8). A copy of this order be sent to the Chief Secretary/Secretary, General Administration, Government of Rajasthan for doing needful.