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2005 DIGILAW 157 (DEL)

JAIN GIRLS SR. SEC. SCHOOL v. RUPO DEVI

2005-02-09

MUKUL MUDGAL

body2005
( 1 ) ISSUE rule confining to the issue whether the respondent No. I/workman was entitled to be regularized on the post of Laboratory helper from her initial date of appointment i. e 20th June, 1969. CM. No. 8589/04 this application has been filed by respondent No. I/workman which was filed pursuant to the order of this Court dated 17th September, 2003. On 17th January, 2003, the respondent No. 1/ workman was directed to be reinstated by this Court and notice was issued, confining to the issue, whether the respondent No. 1/workman was entitled to be regularized on the post of laboratory Helper from her initial date of appointment i. e. 20th June, 1969 and the respondent No. 1 was therefore, directed to be reinstated by the Order dated 17th january, 2003. It was only the question of regularization which was under issue. ( 2 ) THEREAFTER on 17th September, 2003, the following order was passed by this court. "on 17th January, 2003 this Court had ordered that irrespective of the fact whether the petitioner take works from respondent No. 1, she will be continued to be paid her salary and allowances until further order of this Court. It is not in dispute that the respondent had joined the services with the petitioner. A grievance is made that the payment since February onwards has only been made yesterday by tendering a cheque for Rs. 3,353/- which according to Mr. Ghose is not in accordance with the current pay scale. It is open for him to seek appropriate modification in case the payment is not in accordance with the order dated 17th January, 2003. It is made clear that henceforth the monthly emoluments will be paid to respondent No. 1 on or before 7th day of every month and the respondent no. 1 will be permitted to mark her attendance on a separate register maintained by the petitioner without prejudice to the pleas of either party. It is made clear that henceforth the monthly emoluments will be paid to respondent No. 1 on or before 7th day of every month and the respondent no. 1 will be permitted to mark her attendance on a separate register maintained by the petitioner without prejudice to the pleas of either party. " ( 3 ) ACCORDINGLY the respondent No. 1/ workman has moved this application wherein his plea is that even though according to her she is a full time Laboratory Helper and even if the petitioner treats her a part-time worker, the respondent No. 1/workman is entitled to be paid at the rate of minimum wages, currently payable as sanctioned by the government of GIMCT of Delhi which according to the respondent No. 1 today are Rs. 1400/- per month. The learned counsel for respondent No. l has also pointed out that the petitioner s own case as set out in the present writ petition in the list of dates and. events which shows that the respondent No. 1 was appointed according to the petitioner as part-time Domestic Science Laboratory Helper and on 28th March, 1977, the Director of education, Delhi Administration granted the permission to the petitioner School for payment of salary as a Domestic science laboratory out of the Pupil s Fund. He has further relied upon the notification of the government of NCT of Delhi last of which is of dated 7th November, 2003 and mandates that part-time workers be paid Rs. 1400/- per month with effect from 9th October 2003,. The earlier justification nave also relied upon. ( 4 ) THE learned counsel for the petitioner, mr. Multani submits that the petitioner is a minority institution and the post is not a sanctioned posy nor approved by the Director of Education. Govt of NCT of Delhi. The director of Education has indeed approved the emoluments to the respondent No. l to be paid from the Pupil s Fund even as per the petitioner s own case. Since only the question of regularization is pending in this Court and the reinstatement of the respondent No. 1 has already been upheld even proceeding on the assumption that the respondent No. 1 is a part-time worker she shall be entitled to be the minimum wages of such part time as per the Notification of 7th November, 2003 that is at Rs. 1400/- per month. 1400/- per month. ( 5 ) ACCORDINGLY the application is allowed and it is directed that the respondent No. l shall be paid a sum of Rs. 1400/- per month with effect from February. 2003 and will further continued to be paid month to month on the 7th of every month. The difference in the past wages paid to her and the minimum wages notified for part time worker be paid to her spread over six months ending on August 2005. ( 6 ) THE application stands disposed of accordingly. .