Rajasthan High Court has declared a Railway cleaner, who has been working since 1979 and getting a petty amount of Rs 300 per month, a casual worker, entitling him for all consequential benefits, including pay scale as well as arrears.
Baiju Harijan was engaged by the Jajan patti station manager (Kota division) in April 1974 with nomenclature of local Safaiwala and his wage was Rs 300 per month.
He later demanded permanent status in 1987 but no action was taken by the authorities and his services were discontinued in 1994.
Against the action, he moved to Central Administrative Tribunal (CAT) which stayed the order but his application was finally disposed in 1999 and the review petition was also dismissed later.
After that, Baiju challenged it in the Rajasthan High Court and the judgement was delivered in his favour on February 19 last.
The double bench of the High Court considered his plight and set aside the order the CAT and entitled him for consequential benefits including temporary status and pay scale and also due arrears which is to be paid by the employer in four months.
The court observed that it was unfortunate that a petitioner was being paid Rs 300 per month and the employer did not take care to look into his plight and legitimate expectations.
The High Court also ordered that if the payment of arrears is not made in four months, the petitioner will be entitled to interest at 12 per cent per annum from the date it became due until actual payment.
