- (1.) R. B. Mehrotra, J. Chhotey Lal, Sweeper of the Court of Sambhal moved an application that he is drawing salary only of Rs. 150 per month. He has got four daughters and son. It is difficult for him to maintain him self and his family in the aforesaid meagre amount and prayed that he should be provided salary adequate to maintain himself and his family. This application was moved On my inspection visit to Moradabad on 6, 7 and 8-11-1995. A similar application was moved by Radhey Shayam, Sweeper-cum-Farrash of Thakurdwara outline court who made a grievance that he was being (sic) salary only of Rs. 185 per mouth.
(2.) ON both the aforesaid applications, I enquired and found that soma Safai Karmacharis of the district courts had earlier made application to the effect that they should be provided minimum wages which are being paid to fourth class employees. The representation of the aforesaid Safai Karmcharis of the district courts was forwarded to the State Government. On the aforesaid representation, the Deputy Secretary (Finance) vide Government Order, dated 15- 10-1990, decided that the salary of all class four employees working throughout the State is raised to Rs. 750 per month. This Government order forms part of the record of the writ petition. How ever, despite the order of the Government the Safai Karmcharis of various districts were not being paid their due wages as determined by the Govern ment, as the requisite information regarding number and strength of Safai Karmacharis districtwise was not furnished to the Government by the Registrar of this Court, despite Government seeking such information from the High Court. On receiving the aforeasld application and taking note of the situation that the Government Order, dated 15-10-1990 is not being imple mented only on the basis that necessary information regarding strength of the Safai Karmcharis in the district courts has not been furnished by the Registrar of this Court, I on the administrative side asked the Registrar to take note of the situation and do the needful by dealing with on personal level. This administrative order also failed to bring any result. Consequent thereto, I issued an interim mandamus on 9-1-1996 treating the aforesaid application moved by two Safai Karmcharis as public interest petition and directed the State Government to sanction the salary at the rate of Rs. 785 per month to the Safai Karmcharis of the subordinate courts on the basis of the information submitted by the Registrar within a month of the receipt of the information by the Registrar or show cause within the aforesaid period. In compliance of the aforesaid interim mandamus, no cause was shown. The State Government, however, came out with a Government Order dated 19-3-1996 sanctioning salary of Rs. 785 per month to the Sweeper-cum-Farrash employed in the district courts from the date of tho Government order i. e. 19-3-1996. The matter was, however, further post poned for ensuring that the sanctioned salary has been paid to the Sweeper-cum-Farrash of the district courts in pursuance of the Government order and the Registrar of the Court was asked to furnish information in this regard from all the district courts. In compliance with the order of this Court, the Registrar has sent information to the district courts that they should report compliance of the court's order. The matter was adjourned twice by this Court, but final information has not yet reached this Court. There seems to be some communication gap, I see no reason as to why the District Judge will not report compliance of this Court's order.
(3.) THE District Judge, Hardoi has even informed that he has not received the Government order. This shows that the necessary order of the Court along with Government order has not reached all the courts. However, since there is no dispute on the merits of the issue and the Government has already come out with its order dated 19-3-1996 sanctioning salary of Rs. 785 per month to Sweeper-cum- Farrash employed in the district courts, it is not necessary to further postpone the decision in this matter. Several District Judges have already informed that in pursuance of the order of this Court and>n pursuance of the Government order, Safai Karmcharis are being paid their salary at the rate of Rs. 785 per month. The only issue which now remains to be determined in the present matter is as to from which date the Safai Karmcharis are entitled to receive the aforesaid salary. It is not disputed that the State Government came forward with a Government order dated 15-10-1990 fixing a salary of Rs. 750 per month as minimum wages for all the fourth class employees of the State at the rate of Rs. 750 per month. This Government order itself says that this order will apply to all fourth class employees irrespective of their classification and the order has been passed to do away the disparity between the wages of fourth class employees. It has not been disputed or debated before me in the present matter that the Safai Karmacharis employ ed in the district courts are not fourth class employees, as such it is clear that they are also entitled to get the minimum wages fixed by the Govern ment order dated 15-10- 1990.;