KALA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner was engaged as "School Mother" with the respondent. It is her grievance that even though she was employed on temporary basis she was entitled to the wages payable to class- IV employees of the State.

(2.) That the petitioner was engaged as "School Mother" is not in dispute. Her selection is in compliance of all formalities, in accordance with the rules has also not been disputed by the respondents in the return. The respondents in their reply have also admitted that initially she was appointed at a fixed payment of Rs. 30/- per month which was later enhanced to Rs. 75/- and Rs. 110/- in the year 1983.

(3.) Undisputedly the State of Himachal Pradesh has issued various circulars/notifications under the Minimum Wages Act fixing the wages payable to the workers employed by the State. The petitioner is admitted to have worked on part time basis for atleast 3 to 4 hours in a day. Even though the petitioner was working for the same time/duration as the regularly appointed employees, but however she was not given the same scale of salary for which she was working. Keeping in view the various circulars issued by the State her wages ought to have been enhanced with the passage of time. Regretfully same was not done, perhaps for the reason that in the State of Himachal Pradesh there were only 66 posts of "School Mothers" which even according to the respondent was a dying cadre on fixed pay. The said post was created in the schools on fixed pay.