LAWS(J&K)-2002-11-16

NAZIRA BANO Vs. STATE

Decided On November 28, 2002
Nazira Bano Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ADMIT . parties not desirous to file further pleadings. This writ petition is disposed of an concession of Mr. R. Fida, GA

(2.) IN the facts and circumstances of this case the respondents/ competent authority shall consider the petitionerâ„¢s case, if not for regularization, atleast for being paid her due wages for the service she is rendering as Helper at Block Verinag, Anantnag in the Health Department. It appears to be very hard case, in as much as, the petitioner, a lady is being paid on consolidated bases monthly Rs.50/ -, as such Helper, right from 1985. right to live with dignity and provision of bare minimum for survival is a facet of fundamental right of life. The state cannot shirk its responsibility/liability. No circumstance and no Pretex can throw a cover on states responsibility. The petitioner cannot be deprived of the minimum wages for the work done by her. It will amount to deprivation of right of livelihood covered under Article 21. State cannot deny a citizen to live a civilized and meaningful life

(3.) THE authority shall do well to address the question and take early steps to adequately pay the petitioner for the work she is rendering under law. The decision in the matter shall be taken within two months, unless on cause shown time is extended.