The Allahabad High Court has asked the principal secretary (Medical and Health Services) to look into the remuneration of a part-time sweeper, who had sought regularisation of his service. Expressing its anguish, the court said giving Rs 25 per month to any employee, whether permanent or not, amounted to getting him to do ‘begaar’ (work without pay) which is prohibited under the Constitution.
A single-judge Bench of Justice Pradeep Kumar Singh Baghel passed the order on Tuesday, while hearing a petition filed by Suresh Chand, who had applied for regularisation as a Class-IV employee in the office of Regional Ayurvedic and Unani Hospital in Gorakhpur. The court has fixed September 30 as the next date of hearing in the matter.
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The petitioner had said he was employed as a non-permanent employee in the Ayurvedic and Unani Hospital, Gorakhpur, after which he had filed his application for regularisation. When he was not granted relief, he approached the High Court last year. His petition was disposed of with the direction that the authorities concerned should consider his application and pass an order, as per law. The Regional Ayurvedic and Unani Officer, subsequently, rejected his claim on the ground that his services were required only for one hour and he was being paid Rs 25 per month. However, the petitioner submitted he was being made to work for many more hours.
Passing the order, the court said: “The court express its deep anguish and shock that the state government appears to have indulged in ‘begaar’ which is clearly prohibited under Article 23 of the Constitution. Having due regard to the shocking affairs of this case, in my opinion, at this stage, the end of justice requires that the matter may be brought to the notice of the Principal Secretary (Medical and Health Services), Uttar Pradesh, to take necessary decision in this matter in regard to the enhancement of the remuneration, according to the law expeditiously and inform the court about its decision on or before 30th September, 2015.”