PARIHAR, J. - (1.) PETITIONER has been working in the respondent Department as a part-time Sweeper w. e. f. 26. 6. 1996. Initially she was paid Rs. 180/- per month which was subsequently increased to Rs. 350/- per month w. e. f. 18. 7. 2000 vide order dated 24. 9. 2000. It has been alleged by the petitioner that she has been performing her regular duties for more than eight hours per day, whereas she has been paid even less than minimum wages as fixed by the State Government what to say of regular pay-scale of Sweeper which is equivalent to Class-IV employee.
(2.) THOUGH it has been submitted in the reply that the petitioner was engaged purely on part-time basis and had performed her duties only for about four hours, however, in the letter dated 24. 9. 2000 itself it has been mentioned by the concerning authorities that in view of her work for more than four hours, the salary had been increased from Rs. 180/- per month to Rs. 350/- per month. The petitioner has served now for more than eight years and there is nothing on record to show any complaint about her work. No justification has also been given by the respondents as to why the regular appointment could not be made on the post in question whereas there has been continuous work in the office of the respondent Department. The courts, time and again, have expressed their anxiety and concern about the exploitation of such employees more or less by the State Government under the garb of part-time or contractual appointment. It appears that the State Government submitted a Scheme for regularisation of services of part-time Chowkidars/cooks in Social Welfare Department before the Supreme Court in Special Leave to Appeal (Civil) No. 16471/95 decided on 21. 1. 1995. The following order was passed by the Supreme Court:- " We have heard the learned counsel for the State of Rajasthan as well as the respondents in the present case. The learned counsel for the State of Rajasthan has placed before us for regularisation of the part-time employees in question for the purpose of dividing them into three groups. The first group comprising those who have on May, 1995. The second group comprises those who have been working on May 1, 1995 and have continued to work thereafter. These employees are intended to be regularised from August 15, 1996, April 1, 1997 a. 04. 1998 respectively. The seniority will be determined on the basis of the first working day in accordance with the relevant rules. The eligibility in regard to age, educational qualification and physical fitness have also to be determined in accordance with the Rules applicable to Class-IV employees in different departments at the relevant point of time. The final implication has also been separately worked down. The Scheme has been appended to the list of dates as Annexure-`a' which we take on record. The Scheme appears to be reasonable and acceptable and the Government of Rajasthan may proceed to finalise and implement the same except that in the first phase a clarification would be required since it says that the employees who have completed five years on May, 1995 and `those part-time employee who have given pay scale No. 1 in compliance of various Court judgments' which gives the impression that they may not have completed five years of service and even so they are accepted to be regularised. In regard to the later group of employees falling into the first phase a clarificatory statement may be required to be made which the State would be at liberty to do. Taking this Scheme to be just and reasonable, we dispose of these petitions by substitution the High Court's order by an order directing regularisation as per the Scheme. The petitions are disposed of accordingly. " In my opinion, there is no justification for not applying the similar Scheme for part-time employees in other Departments. Applying the same yardstick shall also be inconsonance with the protection provided to such employees under the Constitution of India itself. Accordingly, the writ petition is partly allowed. The respondents are directed to frame a Scheme for regularisation of such part-time employees as has been framed for Social Welfare Department and consider the petitioner also for regularisation of her services. Till then, the petitioner may be paid minimum of the pay-scale of Class-IV employee w. e. f. 1. 7. 2003. Necessary consideration be made within three months from the date of receipt of certified copy of this order and payment, as ordered above, may also be made during the above period. It may further be observed that the petitioner may not be subjected to victimization because of this litigation. .;