CIVIL WRIT PETITION NO. 474 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: November 28, 2008. Parties Name Government School Part Time Employees Union, Haryana ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Jatinder Kumar Kamboj, for Ms. Veena Kumari, Advocate, for the petitioner Mr. Rameshwar Malik, Addl. A.G., Haryana; 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? T.S.THAKUR, CHIEF JUSTICE (oral) JUDGMENT This writ petition has been filed in public interest and prays for a mandamus directing the respondents to compute and pay wages to part time workers throughout the State including Safai Karamcharis on a CIVIL WRIT PETITION NO. 474 OF 2008 -2- uniform non-discriminatory basis. It also prays for a direction to the respondents to pay wages to those employed on part time basis, at the end of every month and not deduct wages for two months, during which the Schools remain on vacation. Learned counsel for the petitioner argued that a large number of Safai Karamcharis have been employed by the authorities to work in different Government Schools in the State of Haryana. A list enclosed with the writ petition as P-2 gives the names and particulars of as many as 281 individuals, who are said to be working as part time Safai Karamcharis in these Schools. The grievance of the petitioner now is that although the nature of the work being done by each one of these Safai Karamcharis is similar, the rates at which they are being paid their wages are not uniform. Those employed in one District are getting wages at a different rate from others working in another District. This kind of discriminatory treatment by the State authorities to Safai Karamcharis is, according to the petitioner, arbitrary and legally impermissible The petitioner's further grievance is that they are not being paid their wages at the end of the month as ought to be the practice particularly when the Safai Karamchari is the lowest in the hierarchy of Government officials working in any department and has to survive only on the basis what he earns during the course of the month. Deduction of wages for a period of two months, during which the Schools are closed for vacations, is also being found fault with by the petitioner, who has prayed for a direction that such deductions need not be made in future. Mr. Malik, counsel appearing for the respondents, has filed an affidavit, in which the averments made in the writ petition have been denied CIVIL WRIT PETITION NO. 474 OF 2008 -3- and the allegation of any discriminatory treatment being meted out to persons similarly situate disputed. He, however, submits that since the petitioner does not appear to be satisfied with the rate at which they are being paid and the manner in which the payment is being made, they could be directed to make a suitable representation to the Commissioner and Director General of School Education, who could then examine the matter and remove anomalies , if any, in the system and also examine whether the prayer for payment of wages during the period of vacation can be accepted. We find force in that submission. Since the whole question is whether there is any discriminatory treatment being meted out to different Safai Karamcharis employed on part time basis, the proper course would be to direct the petitioners to file a detailed representation pointing out the alleged anomalies in the system and pray for appropriate relief, in which event the competent authority, namely, Commissioner and Director General of School Education, Haryana, can examine the same and take suitable remedial steps in accordance with law. This writ petition is accordingly disposed of with the directions that the petitioner may file a comprehensive representation addressed to the Commissioner -cum- Director General of School Education, Haryana, pointing out their grievances, which representation the Commissioner and Director General of School Education shall examine and dispose of but not later than three months from the date the same is received , under intimation to counsel for the petitioner. We reserve liberty to the petitioner to seek appropriate relief in appropriate proceedings in accordance with law in case the orders passed by the Commissioner -cum- Director General of School Education on the representation are not found acceptable by them. No costs. CIVIL WRIT PETITION NO. 474 OF 2008 -4- Copy of the order be given Dasti to counsel for the respondents for compliance. ( T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) November 28, 2008. JUDGE DKC