The petitioner was engaged as Part-time Sweeper in the Attinpuram Upper Primary School which was under management of Anad Panchayat, which subsequently came into the management of the 5th respondent Panchayat consequent to bifurcation of the Panchayats during 1976. Appointment of the petitioner as Part-time Sweeper was approved by the 2nd respondent through a proceedings issued on 10.3.1969. She was initially paid salary @ Rs.6/- which was enhanced to Rs.15/- consequent to the approval. Thereafter the salary was again increased to Rs.32/-, in the year 1976. 2. It is stated that service book was opened with respect to the petitioner from 23.2.1981 onwards. In the year 1982 the petitioner raised a claim for getting salary on scale of pay basis, applicable to part time contingent sweepers in Government service and in other educational institutions. Since her request was not considered, she submitted a detailed representation to the Government as per Ext.P1, in the year 1999. The petitioner claimed that she was entitled to get salary as fixed by the pay commission report, applicable to clause IV and contingent employees because the sweeping area was about 1084 sq. meters. Since Ext.P1 representation was not considered, the petitioner had approached this court in a writ petition filed in the year 1999. In Ext.P2 judgment this court directed the Government to consider the representation and to pass appropriate orders, within a time limit. Ext.P3 request was submitted forwarding a copy of Ext.P2 judgment. The 1st respondent initiated steps as evidenced from Ext.P4 calling for a report of the 2nd respondent, requiring to forward the report to the Government for regularisation of the post of the petitioner in the part time contingent service. It is mentioned that, on the basis of Ext.P4 letter the 5th respondent had adopted Ext.P5 resolution requesting the Government to regularise service of the petitioner as class IV employee or as contingent employee, with retrospectivity from 1982 onwards and to make payment of salary due to her under the direct payment scheme of the Government. Ext. P5 resolution was forwarded to the 3rd respondent through Ext.P6 letter. However no decision was taken by the 1st respondent thereafter.
3. Contention of the petitioner is that the Government had sanctioned regular scale of pay to part time contingent employees on the basis of sweeping area, by virtue of various Government orders issued from time to time. Ext.P15 is the relevant Government order governing the field at present. According to the petitioner, the total area of sweeping is 1907.35 sq. meters and going by the parameters stipulated under Ext.P15 the post in question has to be considered as 'full time menial'.
4. It is brought to notice of this court that the school in question was taken over from the management of the 5th respondent Panchayat in the year 2011 by virtue of a Government order taking over all the aided schools owned by Grama Panchayats. Evidently the petitioner was appointed at a time when the school was under the management of the Panchahat as an aided UP school. The 2nd respondent had approved the appointment as early as in the year 1969. The petitioner continued as a part time employee in the school on the basis of fixation of salary and opening of Service Book from 1982 onwards. The Government had issued various orders from the year 1980 onwards sanctioning scale of pay applicable to part time contingent employees (sweepers). The petitioner is claiming salary based on those orders which were revised from time to time, at least from the year 1982 onwards. It is brought to notice of this court that by virtue of an interim order passed by this court in March 2005, direction was issued to the 5th respondent to pay salary to the petitioner @ Rs.1250/- p.m. , on the basis that the monthly emoluments fixed for Part-time Sweeper allotted with sweeping area above 200 sq. meters at the time was Rs.1250/-. Learned counsel appearing for the 5th respondent submitted that salary was paid to the petitioner at the said rate thereafter. According to the 5th respondent, since the management of the school in question was already taken over by the Government it is for the Government to consider the claim and to pay the arrears of salary if any eligible to the petitioner. However, fact that the petitioner was appointed and the 2nd respondent had approved such appointment from the very beginning is not in dispute. Learned Government Pleader appearing on behalf of the Government had pointed out that Ext.P15 order was issued based on a direction issued by this court in the judgment in WA.No.1863/2004 and connected cases. Learned counsel had further pointed out that by virtue of Ext.P16 Government order sanction was accorded to create a post of Part-time Sweeper in the school in question considering the fact that the post of Part-time Sweeper was continuing in the school in question. It is conceded by learned counsel for the petitioner that the petitioner had already attained the age of superannuation, i.e. 70 years as on 2.12.2012.
5. Under the above mentioned circumstances, it is for the Government to take an appropriate decision with respect to the claim made by the petitioner for payment of salary in the scale of pay applicable to part time contingent service, from 1982 onwards. In fact, despite such a direction issued by this court in Ext.P2 judgment and despite proceedings initiated by the Government as evidenced from Ext.P4, no decision is seen taken in the matter. Hence this court is of the opinion that a direction to the 1st respondent to take a decision with respect to the claim made by the petitioner within a time limit, would suffice to meet the ends of justice.
6. Hence this writ petition is disposed of by directing the 1st respondent to take appropriate decision on the claim made by the petitioner for payment of salary at the scale of pay applicable to part time contingent service from 1982 onwards on the basis that her appointment was approved as early as in the year 1969 and that she was continuing in the said post. A decision in this regard shall be taken, if necessary after calling for details regarding service rendered by the petitioner from the 5th respondent Panchayat and after affording an opportunity of personal hearing to the petitioner and others concerned.
7. A decision in this regard shall be taken based on the directions contained in Ext.P2 judgment and taking note of the observations contained hereinabove. The 1st respondent shall take a decision at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.
Pmn/ C.K.ABDUL REHIM, JUDGE p mn/