Facts
The petitioners were contingent employees engaged on Collector Rates under the Sickle Cell Institute.
Source reference: para. 1–2They sought payment of Shram Samman Rashi of ₹4,000 per month under the Finance Department circular dated 28 August 2023, including arrears and interest.
Source reference: para. 1–2The State’s affidavit acknowledged that the petitioners worked against sanctioned posts, while stating that their temporary engagement had occurred without open advertisement, prescribed recruitment procedure, or observance of the reservation roster.
Source reference: para. 4The Court had directed the State to clarify whether the petitioners worked against sanctioned posts.
Source reference: para. 3Issues
Whether daily-rated employees engaged temporarily, but working against sanctioned posts, are entitled to Shram Samman Rashi under the circular dated 28 August 2023.
Source reference: para. 6Whether the petitioners’ manner of recruitment precluded them from receiving that benefit.
Source reference: para. 4–6Law Applied
The Court applied the Finance Department circular dated 28 August 2023, which, as described in the judgment, entitles daily-rated employees working against sanctioned posts to Shram Samman Rashi.
Source reference: para. 6The judgment cites no statute or judicial precedent.
Source reference: no citationReasoning
The State’s affidavit established that the petitioners were working against sanctioned posts, notwithstanding their temporary engagement and the stated procedural deficiencies in their recruitment.
Source reference: para. 4The Court treated the circular’s criterion—working against sanctioned posts—as controlling and concluded that the petitioners fell within its scope.
Source reference: para. 6Their temporary status did not displace their entitlement under the circular.
Source reference: para. 6Holding
The Court allowed the petition and directed the respondents to extend Shram Samman Rashi to the petitioners as daily-rated employees working against sanctioned posts, in accordance with the circular dated 28 August 2023, within 45 days of receiving a copy of the order.
Original Court PDF
DEEPAK YADAVvsSTATE OF CHHATTISGARH
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