TARUN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed seeking the following reliefs:-

(2.) THE aforesaid reliefs had been sought by the petitioner on the ground that the petitioner, who is duly qualified to be appointed as a teacher (lecturer) in a degree college affiliated to the University and aided by the state Government, had been exploited and forced to work at a meagre amount of rs. 5,000/- (enhanced to Rs. 8,000/-) per month.

(3.) THE petitioner applied in pursuance of an advertisement dated 22. 4. 1998 for appointment on honorarium for the subject of Botany in D. S. A. College, Unnao. He was appointed and joined on 1. 8. 1998. Since then the petitioner had been working continuously. In addition to teaching work, he has also been looking after the other responsibilities as being In-charge of game etc. The petitioner was paid honorarium at the rate of Rs. 5,000/- per month upto 10th september, 2006 and subsequent thereto he is getting a sum of Rs. 8,000/- per month. The petitioner claims that he had been working under compelling circumstances on meagre salary, such an employment has to be termed as 'begar' which is prohibited under the provisions of Article 23 of the Constitution of india. Therefore, respondents should be prosecuted for contravention of the mandate of Article 23 of the Constitution of India and petitioner should be compensated by awarding Rs. 15 lacs as compensation.