B;? ^ss^^^^w^^^'w^. • S.B. fService Matteri IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHAmSGARH) WRIT PETITION(S) N0. 2L<3 f 2-/2011. PETITIONERS: k.--. .^.:.^ ^' ,,0 rt.,- ^.y o.,'. ^^^s.--'..--' ^Ky'y <^"' \ <0 '^ —«»<*' KRatan Sai, son of Sukhdev, aged about 36 years, Cook, residence of Pahadi Korwa, Ashram, Lundra (Nawapara), Block Lundra, District Sarguja, Chhattisgarh. !. Sujeet Ram, son of Prabhudayal, aged about 35 years, Peon, residence of Aadivasi Balak Ashram, Chitarpur, Block Lundra, District Sarguja, Chhattisgarh. 3. Ramchandra Rain, son of Dhiu-sai, aged about 36 years, Waterman, residence of Pahadi Korwa Ashram Lundra (Nawapara) Block Lundra, District Sarguja, Chhatdsgarh. 4. Gendraram, son of Mohanlal, aged about 30 years, waterman, Aadivasi Balak Ashram, Sasouli, Block Lundra, District Sarguja, Chhattisgarh. Isai Ram, son of Dheer Sai, aged about 25 years, Cook, Pahadi Korwa Ashram. Bardih, Block Lundra, District Sarguja, Chhattisgarh. 6. Shivcharan, Ram, son of Duhan Ram, aged about 35 years, Peon, Aadivasi Girls Ashram, Karoli, Block Lundra, District Sarguja, .f" Chhattisgarh. 7. Mohan sonofJagsai, aged about 38 years, Cook, Pahadi Korwa, Ashram Silsila, Block Lundra, District Sarguja, Chhadsgarh. versus Respondents 1. State of Chhattisgarh, Through Secretary, Tribal Welfare Department, ^ D.K.S.Bhawan, Raipur, Chhattisgarh. 2. Commissioner, Tribal Welfare Department, Raipur, Chhattisgarh. 3. Assistant Comnussioner, Tribal Welfare Department, Sarguja,, Chhattisgarh. 4. Collector, Sarguja, District Sarguja, Chhattisgarh. ,u n (^c^ 5. BIock Education OfBcer, Block &8smi, District Sargtija, Chhattisgarh. ; WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OP INDIA si&s^.tsasr-" ^^^^K HIGH COURT OF CHHATTISGARH AT BILASPUR Sinale Bench: Hon'ble Shri Justice Prashant Kumar Mishra Writ Petition (S) No. 2004 of 2011 PETITIONERS RESPONDENTS PETITIONERS RESPQNDENTS PETITIONERS RESPONDENTS P^TITIONERS RESPONDENTS PETITIONER RESPQNDENTS PETITIONER RESPONDENTS PETITIQNER RESPONDENTS Birbal Ram and another. Versus State ofChhattlsgarh and ottiers. Writ Petition (St No. 2005 of 2011 Versus DilSai andothers. State of Chhattisgarh and others. Writ Petition (St No. 2006 of 2011 Naihar Sai and another. Vereys State ofChhattisgarh and others. Writ Petition (Sl No. 2007 of 2011 Versus Naniha Toppo and another. Stete ofChhatfisgarh and others. Writ Petition (Sl No. 2008 of 2011 Versus Ramavtar. State of Chhauisgarh and others. Writ Petition fSi No. 2009 of 2011 Versus Ku. Saniyaro. State of Chhattisgarti and others. Writ Petition (Sl No. 201 O of 2011 Versus Shivcharan Pando. State of Chhattisgart) anct others. -a.- Writ Petition (Sl No. 2011 of 2011 PETITIONERS RESPONDENTS Versus Balsal and others. State of Chhattlsgarh and othere. Writ Petifion (Sl No. 2012 of 2011 PETITIONERS RESPONDENTS Versus Ratan Sai and others. State of ChhatUsgarh and othere. Writ Petition (S»No. 2013 of 2011 PETITIONERS RESPQNDENTS Versus Ramratan Ram and others. State of Chhattlsgarh and others. Writ Petition (Sl No. 2015 of 2011 PETITIONERS RESPQNDENTS Versus Ramkishun Ram and others. State of ChhaUsgarh and others. Shri C.J.K. Rao and Shri Akshay Yadav, counsel for the petitioners. Shri Sushil Dubey and Shri Satish Gupta, Govt. Advocate for the State. ORAL ORDER (15.04.2011) l-1eard. (2) By this common order writ petitions bearing W.P.(S.) No. 2004/2011, W.P.(S.) No. 2005/2011, W.P.(S.) No. 2006/2011, W.P.(S.) No. 2007/2011, W.P.(S.) No. 2008/2011, W.P.(S.) No. 2009/2011, W.P.(S.) No. 2010/2011, W.P.(S.) No. 2011/2011, W.P.(S.) No. 2012/2011, W.P.(S.) No. 2013/2011 -^nd W.P.(S.) No. 2015/2011 are disposed ofas all the petitions involves the similar question. lillT -5- (3) Learned counsel for the petitioners would submit that the petitioners were appointed on contract basis as supemumerary (Naimittik) employee on fixed salary of Rs.1500/- per month. In some cases the appointment has been made to work as Cook, Waterman, Watchman etc. In some cases appointment are in the year 2003-2004 i.e. prior coming into force of Chhattisgarh Civil Service (Contract Appointment) Rules, 2004. Grievance of the petitioners are that they are paid monthly salary of Rs.1,500/- which is less than the minimum wage applicable to a labourer. It is also submitted that under the Chhattisgarh Ciw'l Service (Contract AppointmenQ Rules. 2004 the minimum wage of a labourer is Rs. 3.325/-. (4) Leamed counsel for the respondents, appearing on advance notice have objected to the prayer made by learned counsel for the petitioneR on submission that when the letter of appointment itself mentions that the appointment is on fixed monthly salary of Rs. 1.500/-, the petitioners are not entitled for any hioher amount as wages. (5) Be that as it may, it is common knowledge that the minimum wage of a labourer working on Collector's rate is Rs.3,325/- which are paid in the various departments of the State Govemment. The petitioners have already made representation which are pending before the Assistant Commissioner, Tribal Development, Ambjkapur and before the Secretary, Tribal Development. Thouoh the said representations also make prayer for regularization of the services, learned counsel for the petitioners woutd submit that for the present the petitioners would make a fresh representation claiming minimum wages which are applicable to a labourer wortdno on Collector's rate iinder the Chhattisgarh Civil Servfce (Contract Appointment) Rules, 2004. -^- (6) In view of the above, it is directed that if the petitioners make fresh representation before the concemed authority claiming payment of minimum wages applteable to a contract employee under the Chhattisgarh Civil Service (Contract Appointment) Rules, 2004, the same shall be disposed of in accordance wilh law wlthin a period of eight weeks from the date of submisston of representation. In the event of any adverse order, the peUtioners would be at liberty to file this writ petition afresh. (7) A copy of this order may be placed on the record of above writ petitions. „„-__ _ Sd//- Pifashant Kumar MisSira Judge <s