RAM PRAVESH Vs. CHIEF MEDICAL OFFICER GHAZIPUR

JUDGEMENT

(1.) Ram Pravesh, who is presently working as 'Kahar' at Prathamik Swasthya Kendra, Mardah, District Ghazipur is before this Court with the prayer that he has been engaged on part time basis on fixed pay as Rs.100.00 per month since the year 1985 whereas the fact of the matter is that he perform and discharge duties for more than eight hours per day but till today regular pay scale as is admissible to Class IV employees along with other pay and allowances has not been extended to him.

(2.) Learned Single Judge of this Court in Writ Petition No.8780 of 2006 (Ram Pravesh v. C.M.O. Ghazipur and another) placed reliance in the case of State of Rajasthan and others v. Daya Lal and others 2011(2) SCC 429 as well as the case of Secretary, State of Karnataka v. Uma Devi 2006(4) SCC 1 and concluded that the relief that has been so claimed by petitioner appellant cannot be accorded and accordingly turned down the request in question.

(3.) Petitioner-appellant, in his turn, has proceeded to file the present Special Appeal assailing the validity of the action so taken and the Division Bench of this Court on 2/5/2011 proceeded to make a mention that it is difficult to believe that in the year 2010-11 a person can survive on the meagre amount of Rs.100.00 per month and that even if he is doing part time work, the amount paid to him for rendering part time services is ridiculously low and amounts to 'begar', prohibited by Article 23 of the Constitution of India. This much fact has also been taken note of that nature and hours of work performed by the petitioner-appellant has not been disputed and as an interim measure the Division Bench directed to pay petitioner same wages as is admissible to daily wager employed in the State Government beginning from 15/5/2011.