JAIN GIRLS SR SEC SCHOOL Vs. RUPO DEVI

JUDGEMENT

(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.

(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 &. 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.