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2016 DIGILAW 685 (RAJ)

Manju Devi v. State of Rajasthan

2016-05-13

ANUPINDER SINGH GREWAL

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JUDGMENT : Anupinder Singh Grewal, J. The petitioner is stated to be working as Sweeper (Class-IV) in Government Upper Primary School, Chomu since July, 1986. It is further stated that the petitioner is working for over 27 years and has also completed more than 10 years of service as on 01.04.2006, but she has not been considered for regularisation in terms of the notification issued by the Government on 27.02.2009. It is also stated that the petitioner is not being paid the minimum wages prescribed by the Government. 2. Learned counsel for the petitioner has contended that although the petitioner has filed several representations for grant of minimum wages as well as consideration for regularisation to the respondents but they have failed to evoke any response. He has relied on the judgment of the coordinate Bench of this Court in the case of Papu Lal v. State of Rajasthan & Ors. [S.B. Civil Writ Petition No. 5846/1998, decided on 26.02.2013]. 3. Per contra, learned counsel appearing for the respondents submits that as there is no sanctioned post, the services of the petitioner cannot be regularised. 4. I have heard learned counsel for the parties and perused the writ petition. 5. As the petitioner is stated to be working with the respondents for over 27 years, there is no justification for not granting her the minimum wages as prescribed by the Government. She may not be entitled for regularisation per se but would, of course, be entitled to consideration for regularisation in terms of the Government policy or instructions in this regard. 6. In the case of Papu Lal (supra), the coordinate Bench of this Court, while disposing of the writ petition, had directed the respondents to pay the petitioner therein, who had been working for 26 years, salary at the rate provided under the Minimum Wages Act, 1948. The respondents were also directed to consider the case of the petitioner therein for regularisation. 7. Therefore, in the interest of justice, I deem it appropriate to dispose of this petition with a direction to the respondents to consider the case of the petitioner for regularisation in terms of the notification dated 27.02.2009 or any other notification/scheme applicable thereto within a period of three months. 7. Therefore, in the interest of justice, I deem it appropriate to dispose of this petition with a direction to the respondents to consider the case of the petitioner for regularisation in terms of the notification dated 27.02.2009 or any other notification/scheme applicable thereto within a period of three months. In case, the petitioner is still working with the respondents, then the respondents shall also grant her the salary in terms of the minimum wages prescribed by the Government. The petition stands disposed of accordingly. Writ petition disposed of as above.