2026:CGHC:2524 Digitally signed by YOGESH NAFR YOGESH TIWARI TIWARI Date:

2026.01.15

18:55:25 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 Order Reserved on : 19.12.2025 Order Delivered on : 15.01.2026 WPS No. 8924 of 2023 Chaitram Markam S/o Nadiram Markam Aged About 38 Years Working As Cook At Govt. Primary School Keradih Block Bade Rajpur R/o Village Keradih Tahsil And Block Baderajpur, District : Kondagaon, Chhattisgarh ... Petitioner versus

1 - Union of India Through The Secretary Ministry of Human Resources Development, Department of School Education And Literacy, Mid Day Meal Division, Shashtri Bhawan New Delhi.

2 - State of Chhattisgarh Through The Secretary, Department of Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District :

Raipur, Chhattisgarh

3 - The Secretary Department of Finance Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

4 - The Director School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District : Raipur, Chhattisgarh

5 - District Education Officer District Kondagaon, Office of District Education, Thana And Tahsil Kondagon, District : Kondagaon, Chhattisgarh

6 - Block Education Officer Block Office At Bade Rajpur, District :

Kondagaon, Chhattisgarh --- Respondents (Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System) Hon'ble Shri Amitendra Kishore Prasad, Judge

CAV Order

1. Heard Mr. N.K. Malviya, learned counsel for the petitioner. Also heard Ms. Deeksha Pandey, learned Central Government Counsel on behalf of Mr. Ramakant Mishra, learned Deputy Solicitor General appearing for respondent No.1/Union of India as well as Mr. Dashrath Prajapati, learned Panel Lawyer appearing for the State/respondents No.2 to 6.

2. By filing the instant petition, the petitioner has sought for following relief(s) :-

“The Hon'ble court may kindly be pleased to issue the appropriate writ/writs/direction/directions/order/orders to Respondents a. That in the interest of justice Hon’ble court may kindly be pleased to quash the both impugned order / communication dtd. 22.7.23 and 10.2.23 are annexed as Annexure P-1 and P-2 b. Further, may kindly be pleased to suitably direct the Respondents to pay the respectable minimum wages as declared by the State of Chhattisgarh along with Dearness to the petitioner.

c. Any other relief, order/direction may be pleased to issue in the facts and circumstances of the case.”

3. Brief facts of the case, in a nutshell, are that the petitioner has been continuously working as a Cook (Rasoiya) for a considerable period under the Mid Day Meal Scheme at Government Primary School, Keradih, Block Baderajpur, District Kondagaon (C.G.), which is under the administrative control of respondent No.2. The petitioner has been discharging his duties regularly, sincerely, and without any interruption, and a certificate of satisfactory service along with relevant particulars has been issued by the Head Master of the concerned school.

4. Despite rendering continuous service for about seven to eight hours daily, the petitioner is being paid a meagre sum of Rs.40/- per day or Rs.1200/- per month, as fixed by the respondents. The said remuneration is grossly disproportionate and in stark contrast to the minimum wages notified by the State Government for Zone ‘C’, wherein even unskilled labour is entitled to wages of Rs.306.67/- per day with dearness allowance or at least Rs.260/-

per day without dearness allowance during the relevant period.

5. The grievance raised by the petitioner is neither novel nor isolated.

In respect of similarly situated persons, this Court, vide order dated 19.01.2022 passed in WPS No.291/2022 (Johar Lal v. Union of India and Others), granted liberty to raise such grievances before the appropriate forum. The petitioner had earlier approached this Court by filing