CHANDRAWATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed alleging that the petitioner is continuously working as a cook for making mid-day-meal in Basic Primary School Pinesar, Basti since 2005 and petitioner is also a member of Mandhyan Bhojan Rasoiya Mazdoor Sangh. The petitioner has approached this Court alleging that despite the fact that the petitioner is working since 2005, the petitioner has been removed without any opportunity from 01.08.2019. It is also alleged that since the appointment of the petitioner was made in the year 2005, the petitioner was paid monthly wages of Rs. 1000/- per month and, despite the petitioner having worked for more than 14 years, she has been removed. The petitioner claims to be a very poor lady and has no other source of income, however, somehow she managed resources to approach this Court for highlighting the exploitation of the petitioner at the hands of the government and the authorities which are State, within the meaning of Article 12.

(2.) This Court had expressed its displeasure in the manner in which the amount of Rs. 1000/- was being paid to the poor lady for more than 14 years and, looking into the exploitation of the petitioner, had called the respondents to file a counter affidavit explaining as to why and how the petitioner was being exploited for such a long time by paying a meager amount of Rs. 1000/- per month.

(3.) A counter affidavit has been filed before this Court on 09.12.2020, wherein in para 16 the factum of the petitioner's working since 2005 has not been denied. In respect of the amount paid to the petitioner, reliance has been placed on the Government Order dated 24th April, 2010, wherein the wages for the cook, providing mid-day-meal, is fixed as Rs. 1000/- per month, out of which 75% is to be borne by the Central Government and rest 25% is to be borne by the State Government.