LAWS(J&K)-2008-12-68

RAJA BANO Vs. STATE

Decided On December 02, 2008
Raja Bano Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONER has been rendering services as 'Safaiwala right from the year 1983 on temporary basis, initially used to be paid Rs. 50/ - per month. Now stated to be paid Rs. 300/ - seeks writ of mandamus to command respondents to regularize her services and to release the full grade and scale attached to the post of Class -IV employee and to give her benefit and pay, on equal pay for equal work basis or in alternative be paid minimum wages as permissible under rules.

(2.) IN the reply filed by the respondents, it is contended that the petitioner was not appointed but was engaged as a Safaiwala as the department required her services on contract basis for about an hour daily in morning for sweeping, as to clean the school premises and was being paid remuneration out of the local fund/contingency fund of the school. There was no post of sweeper against which she could be appointed. It is further added that there are about 7000/ - employees working in different schools on part time basis, not adjusted against any substantive post, as their services are not required for full time. Heard. Considered.

(3.) THE initial order of engagement in favour of the petitioner is reproduced hereunder: