- (1.) BHANWAR Singh, J. Heard the learned Counsel for the petitioner and the learned State Counsel as well as the learned Counsel appearing for opposite parties Nos. 3 and 4.
(2.) THE petitioner Kalicharan has in voked this Court's jurisdiction under Ar ticle 226 of the Constitution of India by seeking a writ in the nature of mandamus commanding the opposite parties to regularise his services on the post of Safai Karmachari. THE petitioner's contention is that he has been working as a sweeper since 15-1-1979 in Uchcha Prathmik Vidyalaya Haiderganj, Tarun Faizabad. In itially he was getting Rs. 2 as his part time wages which were later increased to Rs. 20 and then Rs. 30 and eventually Rs. 150 per month. It has been alleged by him that he has been performing his duties during the school hours, i. e. , from 10 to 4 p. m. ,ie. , as other regular employees of the school are working. THE amount of Rs. 150 per month is not enough even for his bread and butter. He made several repre sentations to opposite party No. 3 for regularisation of his services and making payment equivalent to minimum of pay-scale admissible to the category of a Class IV employee but all in vain. THE opposite party No. 3 has filed the counter-affidavit asserting therein that the petitioner was engaged as a part-time sweeper and since he is required to work for a few hours only, he is not entitled to the regular pay-scale and for being regularised on the post of sweeper. In addition, it has been asserted that there is no sanctioned post of the said scale. A reference has been made by the learned Counsel for the petitioner to a Circular letter No. 38749- 39107/95-96 dated January 30,1996 whereby the Class IV employees working on various posts were to be regularised in due course of time. In spite of this Circular letter con taining guide lines, no step has been taken regarding regularisation or the petitioner's services. The petitioner has specifically as serted in the petition that he is required to be within the school premises from 10 to 4 p. m. like other employees and he has to clean the building and the open areas even before the school starts functioning every day. There is no specific denial of this averment except that the petitioner is required to work on part-time basis and that too before starting of the school. In a similar case, this Court has issued a writ of man damus in Writ Petition No. 3113 (S/s) of 1992, Kamta Prasad Shukla v. State of U. R and others, it was held in that case that a peon working on part- time basis for the last seventeen years should be considered for regularisation and the salary as admis sible to a regular employee should be paid to him. Following the same principle of law, it is provided that the petitioner, who is working as a sweeper in the school for the last 20 years shall be paid his wages equivalent to the minimum of the pay-scale admissible to a Class IV employee. He shall also be considered for being regularised in pursuance of the directions contained in the Circular Letter referred to above. A writ of mandamus is issued accordingly. The writ petition is allowed in the manner indicated above. Petition allowed. .;