Sunil Ambwani, J. - (1.) Heard Sri Prakash Padia for petitioner end learned Standing Counsel for respondents.
(2.) It is admitted in the counter affidait that the petitioner Smt. Chhako Devi was appointed as Part; Time Cook. after interview by Departmental Selection Committee, by the then Chief Medical Officer, Varanasi on 21.12.1987 on consolidated pay of Rs. 350/-per month, and that since then she is working regularly. Dr. M.G. Singh, Deputy Chief Medical Officer, Varanasi, however, in his counter affidavit dated 5.5.2003 has disputed! the fact that the petitioner is working on full time basis and they her pay could not be revised as the Stale Government has not revised the salary of part time cooks Fixed by the Government Order dated 15.1.1986 which has been annexed as annexure-CA-2
(3.) A perusal of the Government Order dated 15.1.1986;shows ; that by this order the Joint Secreitary.Health and Deputy .project Coordinator,! Government of U.P. had communicated to the Project1 Director and Family Welfare Offieer-II. National Census Project, Lucknow, with the sanctioned posts and the pay scales applicable in the project In the present case, the petitioner has been appointed and working in the District Hospital. varanasi. She has not been appointed in any project, nor the appointing order makes any reference to any such project or fixed terms in the condition of her appointment. The reference to the Government Order dated 15.1.1986 is clearly misplaced. 3. The petitioner has prayed for a direction to regularise her services as full time employee and to pay salary to her in the regular pay scale of class IV employees. Sri Padia has relied upon the judgment of this. Court in Smt. Awadhrani v. Director of Education (Bask) and Ors. (Civil Misc. Writ Petition No. 2646 of 2002 decided on 24.1.2002), in which it was held that the payment on a less than minimum wages fixed by the State Government for it employees is violative of Article 23 of the Constitution of India.;