Punjab-Haryana High Court
Gurjant Singh And Others vs State Of Punjab And Others on 22 April, 2024
CWP-8773-2024 2024:PHHC:053648 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
130
CWP-8773-2024
Date of decision: 22.04.2024
Gurjant Singh and others
....Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Rahul Bhargava and Mr. Tanveer Singh, Advocates for the petitioners.
***** AMAN CHAUDHARY. J (Oral)
1. The prayer made in the present petition is for directing the respondents to grant equal pay to the petitioners, who are working on contract basis since 2015 and to count their period of service during which they worked on outsourcing basis.
2. Learned counsel would submit that the petitioners, who were working as Conductors from 2007 to 2010, appointed on regular basis after outsourcing and thereafter since 2015 on contractual basis pursuant to an advertisement having been issued, are claiming equal pay for equal work in terms of judgment in the case of State of Punjab and others vs. Jagjit Singh and others, 2016 (4) SCT 641. He further submits that one similar employee working as Traffic Manager has been granted the said benefit vide order dated 13.07.2023. In this regard, a legal notice dated 08.09.2023, Annexure P-6, has been served upon the respondents, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioners are sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting them an HAMANT 2024.04.23 10:41 I attest to the accuracy and integrity of this order/judgment CWP-8773-2024 2024:PHHC:053648 2 opportunity of hearing.
3. Notice of motion.
4. At the asking of the Court, Mr. Gagneshwar Walia, Addl. A.G., Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.
5. In view of the above and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to decide the legal notice dated 08.09.2023, Annexure P-6, within a period of six months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to them and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to their interest, the same shall contain reasons and the petitioners shall be free to seek legal redress thereupon.
(AMAN CHAUDHARY)
JUDGE
22.04.2024
Hemant
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
HAMANT
2024.04.23 10:41
I attest to the accuracy and
integrity of this order/judgment