Punjab-Haryana High Court
Lakha Masih And Ors vs The Punjab State Civil Supplies ... on 20 November, 2024
Neutral Citation No:=2024:PHHC:151570
CWP No.27074 of 2023 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
251
CWP No.27074 of 2023 (O&M)
Date of decision: 20.11.2024
Lakha Masih and others
....Petitioners
Versus
The Punjab State Civil Supplies Corporation Limited and others
....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Amarjit Singh, Advocate
for the petitioners.
Mr. Shubham Thakur, Advocate
for the respondents.
NAMIT KUMAR J. (Oral)
1. The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of mandamus, directing respondent No.1 to release the benefit of minimum of the regular pay scale of Chowkidars without any allowances to the petitioners, who are working on daily wages Chowkidar continuously for the last 15 to 27 years without break, as has been given to similar situated daily wage Chowkidars of Ferozepur and Fazilka District as per Annexure P-2 dated 10/11.09.2014, Annexure P-3 dated 03.08.2023 and Annexure P-5 dated 13/19.09.2023. Further a writ of certiorari has been sought for quashing the Annexure P-8 dated 26.10.2023, with the directions to the respondents to allow the same benefit to the petitioners as per Annexure P-2 dated 10/11.09.2014.
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2. Learned counsel for the petitioners submits that the present case is squarely covered by the judgment of Hon'ble Supreme Court in State of Punjab and others Vs. Jagjit Singh : 2016 (4) S.C.T. 641. He further submits that the respondent-Corporation has also issued circulars dated 03.08.2023 and 13.09.2023 for grant of minimum regular pay scale to the daily wagers.
3. The abovesaid legal position has not been disputed by learned counsel for the respondents who also submit that the claim of the petitioners shall be considered in the light of the abovesaid judgment and circulars.
4. In this view of the matter, the respondents are directed to consider and decide the claim of the petitioners within a period of three months from the date of receipt of certified copy of this order and if the petitioners are found entitled, necessary benefits in terms of the judgment passed in Jagjit Singh's case (supra) and circulars dated 03.08.2023 and 13.09.2023, issued by PUNSUP shall be released to the petitioners.
5. The petition stands disposed of in the above terms.
(NAMIT KUMAR)
JUDGE
20.11.2024
yakub
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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