Whether in the name of work charge establishment and regular establishment , citizenry belonging to weaker and downtrodden section can be allowed to subject of exploitation by crushing their fundamental/human rights.
27 March 2016
Chief Justice of India /Companion Judges
Supreme court of India ,New Delhi
Prayer-Whether in the name of work charge establishment and regular establishment , citizenry belonging to weaker and downtrodden section can be allowed to subject of exploitation by crushing their fundamental/human rights. Please take a glance of attachments with this representation.
With due respect your appellant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that whether the article 14 of constitution of India does not imply equal pay for equal services. How the court can allow discrimination on the ground of work charge establishment and regular establishment. If the government is taking services of citizenry ,whether he may be employed in the work charge establishment or regular establishment may be provided same remuneration for same services . How the service charge can differ from one individual to other individual. Your applicant even have regard for the temple of justice but not such practice which cause adversary to rights of citizens guaranteed under part 3 of constitution of India.
Central Government Act
Article 14 in The Constitution Of India 1949
14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
2-It is submitted before the Hon’ble Sir that but service charge must be same whatever may be their special rights as a regular staffs of government . Whether illiterate poor and downtrodden section can be subjected to exploitation in the name of non regularized in services. Hon’ble Sir in the municipality Mirzapur city ,most of the employees are working on contract basis one and half dozen since 19 years and few retired without being permanent and now since 2013 ,all the staffs made the staffs of Satyam construction company on paper and providing meagre wages far more less than minimum pay scale as prescribed by government itself. Whether this is not anarchy going on in our system and public functionaries are mute spectators of it.
14. The ratio of the abovementioned judgments is that work-charged employees constitute a distinct class and they cannot be equated with any other category or class of employees much less regular employees and further that the work-charged employees are not entitled to the service benefits which are admissible to regular employees under the relevant rules or policy framed by the employer.”(emphasis supplied)
Subsequently a Full Bench of this Court in Pawan Kumar Yadav Vs. State of U.P.8 ruled on the issue by holding that a work-charged employee does not work against any temporary or permanent post or even on a tenure post. Ruling upon the status of work-charged employees, the Full Bench held that these employees do not hold any post and are merely employed by the State for implementation of various projects and schemes and that their services are co-terminus to the work or the scheme in which they are engaged. The Full Bench, it may be noted, was dealing with the right of a dependant of a daily-wage or work-charged employee to obtain compassionate appointment under the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974. The issue itself was answered in the following terms:
3-It is submitted before the Hon’ble Sir that whether it is Equality of opportunity in matters of public employment where a contract worker retires/dies by performing services of government on meagre emolument of salary. Whether this is not reflection of cruel private contractor in our government.
Right to Equility
16. Equality of opportunity in matters of public employment.–
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
4-It is submitted before the Hon’ble Sir that how the public resources can be left on the discretion of those who think that they are not manager but master and issue arbitrary circulars in order to gratify individual interest. Where is democracy if tyranny and arbitrariness in the public system may be predominant .
“26. On the aforesaid discussion, and in view of the law laid down in General Manager, Uttaranchal Jal Sansthan Vs. Laxmi Devi (Supra), we answer the questions posed as follows: –
1. A daily wager and workcharge employee employed in connection with the affairs of the Uttar Pradesh, who is not holding any post, whether substantive or temporary, and is not appointed in any regular vacancy, even if he was working for more than 3 years, is not a ‘Government servant’ within the meaning of Rule 2 (a) of U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974, and thus his dependants on his death in harness are not entitled to compassionate appointment under these Rules.”
5-It is submitted before the Hon’ble Sir that whether state functionaries are not exploiting the poor and downtrodden section financially ,physically and mentally by providing meagre salary too much less than the salary /minimum wages prescribed by them itself . Most surprising is that this poor labour class is not provided single day leave even on Sunday. Whether rest and leisure is not human right of an individual. Even on gazetted holiday ,festivals ,if they don’t attend services ,then their salary is deducted. In the name regular establishment ,salary of day of strikes is not deducted whether it is fair.
Right to Equility
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-
6-It is submitted before the Hon’ble Sir that Hon’ble Sir may be pleased to take a glance of judgement delivered by larger bench of High court of judicature at Allahabad headed by chief justice itself.
We accordingly answer the reference by holding that the period of service spent by a person in a work charged establishment is not liable to be counted for the purposes of computing qualifying service. Regulation 370 of the Civil Service Regulations continues to govern and hold the field. The factual backdrop in which Narata Singh came to be rendered escaped the attention of the various Division Benches which followed it despite the existence of the unambiguous command of Regulation 370. Jai Prakash and the subsequent pronouncements following it and referred to above represent the correct position in law. The matter shall now be placed before the learned Single Judge for a decision on the writ petition in the light of what has been held above.
7-It is submitted before the Hon’ble Sir that High court is protector of constitution and citizens from the arbitrariness of the state functionaries but it seems that God is sole protector of us .
13. Laws inconsistent with or in derogation of the fundamental rights.-
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
This is humble request of your appellant to you Hon’ble Sir that It can never be justified to overlook the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your appellant shall ever pray you Hon’ble Sir.