RAJPATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ONE should have though that Begaar is a thing of the past; or at least it would be impossible to find Begaar taking place in an organisation or institution of the Government. But, the facts of this case seem to prove one wrong.

(2.) THE undeniable facts of the case are as follows. THE mother of the petitioner used to work as sweeper in the Government Girls Middle School, Gopalganj. In 1982, when she was no longer able to work due to old age and illness, in her place her daughter, the present petitioner was engaged to work as sweeper in the school on the unbelievably low wages of Rs. 15 per month. THE engagement was not on the basis of any verbal direction by the headmistress of the school but the arrangement. can be witnessed in black and white. It appears that the headmistress of the school wrote letter No. 72, dated 10.7.1982 to the District Inspectress of Schools, Saran seeking her approval for the petitioner's engagement. THE District Inspectress of Schools gave her approval to the engagement of the petitioner in place of her mother as sweeper on the wage of Rs. 15 per month by her letter No. 303, dated 18.9.1982 (copy at Annexure 2). From September, 1982, the petitioner is working in the school as sweeper. During the past twenty years, she made a number of representations for her regularisation in service pointing out the impossibility to maintain a family on the absurdly low wages being paid to her. From time to time, the District Inspectress of Schools, Gopalganj made recommendations before the School Inspectress-cum-Deputy Director of Education, Bihar, Patna for regularisation of the petitioner's service against a Class IV post. No order was passed on the petitioner's representations and the matter was resting at that stage when the petitioner came to this Court in this writ petition seeking a direction for regularization of her service.

(3.) IT was, thus, plainly admitted that though the petitioner's appointment was not regular and though there was no sanctioned permanent post against which she was appointed, in reality she was working as sweeper in the Government Girls' Middle 'School, Gopalganj from September 1981 on Rs. 15 per month and from July 1993 on Rs. 65 per month.