Himachal Pradesh High Court
Between vs State Of H.P. And Others Are on 11 November, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 11th DAY OF NOVEMBER, 2022.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE VIRENDER SINGH
CIVIL WRIT PETITION NO.4954 OF 2020 WITH CIVIL WRIT
PETITION NOS. 4948, 4949, 4951, 4953, 4958 TO 4961 OF
2020.
1. CIVIL WRIT PETITION NO.4954 OF 2020.
Between:-
MOHINDER KUMAR SHARMA SON OF
SH. SANT RAM SHARMA, SAI NIKETAN,
MAHAVIRGHATI, NEAR SHIMLA DRIVING
SCHOOL KACHIGHATI, SHIMLA-171011
PRESENTLY POSTED AS DATA ENTRY
OPERATOR O/O DISTRICT TUBERCULOSIS
OFFICER, OFFICE OF CMO SHIMLA, DDU
ZONAL HOSPITAL SHIMLA.
.....PETITIONER.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
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3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT SHIMLA, THROUGH ITS
CHAIRMAN, DEPUTY COMMISSIONER,
SHIMLA.
....RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
2.
Between:-
r to
CIVIL WRIT PETITION NO.4948 OF 2020
RAMESH KUMAR SON OF SH. ROSHAN LAL
VPO TAKLECH, TEHSIL RAMPUR, BRS,
DISTRICT SHIMLA, PRESENTY POSTED AS
DATA ENTRY OPERATOR O/O DISTRICT
TUBERCULOSIS OFFICER, OFFICE OF CMO
KINNAUR AT RECKONGPEO, DISTRICT
SHIMLA, H.P.
.....PETITIONER.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
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4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT SHIMLA, THROUGH ITS
CHAIRMAN, DEPUTY COMMISSIONER,
.
SHIMLA.
......RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
3. CIVIL WRIT PETITION NO.4949 OF 2020
Between:-
RAJ KUMAR SON OF SH. KRISHAN LAL,
RESIDENT OF VILLAGE DEEV, P.O.
GHANAGUGHAT, TEHSIL ARKI, DISTRICT
SOLAN, H.P. PRESENTLY POSTED AS DATA
ENTRY OPERATOR O/O DISTRICT
TUBERCULOSIS OFFICER, OFFICE OF CMO,
SOLAN, RH SOLAN, DISTRICT SOLAN,H.P.
.....PETITIONER.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT SOLAN, THROUGH ITS
CHAIRMAN, DEPUTY COMMISSIONER,
SOLAN. .....RESPONDENTS.
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(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
.
4. CIVIL WRIT PETITION NO.4951 OF 2020
Between:-
MAHESH GAUTAM SON OF SH. ROSHAN LAL
GAUTAM, RESIDENT OF VILLAGE LOWER
BANOH, P.O. AND TEHSIL BILASPUR, H.P.
PRESENTLY POSTED AS DATA ENTRY
OPERATOR O/O DISTRICT TUBERCULOSIS
OFFICER, OFFICE OF CMO BILASPUR, H.P.
.....PETITIONER.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT BILASPUR, THROUGH ITS
CHAIRMAN, DEPUTY COMMISSIONER,
BILASPUR.
....RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
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5. CIVIL WRIT PETITION NO.4953 OF 2020 .
Between:-
.
SANJEEV SEN SON OF LATE SH. HARNAM
SINGH MOHALLA RAMGARH, CHAMBA TOWN,
P.O. DISTT. CHAMBA, PRESENTLY POSTED AS
DATA ENTRY OPERATOR, O/O DISTRICT
TUBERCULOSIS OFFICER, OFFICE OF CMO
CHAMBA AT DISTRICT CHAMBA, H.P.
.....PETITIONER.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE) r
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT CHAMBA, THROUGH ITS
CHAIRMAN, DEPUTY COMMISSIONER,
CHAMBA.
....RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
6. CIVIL WRIT PETITION NO.4958 OF 2020.
Between:-
SHELLA PANWR, D/O SH. JANGVIR MOHIL,
POOJA VIHAR NAR RANITAL GARDEN,
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NAHAN, DISTRICT SIRMOUR, H.P. PRESENTLY
POSTED AS DATA ENTRY OPERATOR, O/O
DISTRICT TUBERCULOSIS OFFICER, OFFICE
.
OF CMO SIRMOUR, DISTRICT SIRMOUR, H.P.
.....PETITIONER.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT SIRMOUR THROUGH ITS
CHAIRMAN, DEPUTY COMMISSIONER,
SIRMOUR, H.P.
....RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
7. CIVIL WRIT PETITION NO.4959 OF 2020.
Between:-
RAM KRISHAN S/O SH. LACHHMAN DASS,
RESIDENT OF VILLAGE JHOLING, P.O.
THIROT, DISTRICT LAHAUL AND SPITI, H.P.
PRESENTLY POSTED AS DATA ENTRY
OPERATOR, O/O DISTRICT TUBERCULOSIS
OFFICER, OFFICE OF CMO LAHUL AND SPITI,
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H.P.
.....PETITIONER.
.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT LAHUL AND SPITI
THROUGH ITS CHAIRMAN, DEPUTY
COMMISSIONER, LAHUL AND SPITI.
....RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
8. CIVIL WRIT PETITION NO.4960 OF 2020.
Between:-
MADHU PATHANIA, D/O SH. B.S. PATHANIA,
HOUSE NO.101, WARD NO.4, SHIV NAGAR,
HAMIRPUR, H.P. PRESENTLY POSTED AS
DATA ENTRY OPERATOR O/O DISTRICT
TUBERCULOSIS OFFICER, OFFICE OF CMO
HAMIRPUR, DISTRICT HAMIRPUR, H.P.
.....PETITIONER.
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(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
.
AND
1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT HAMIRPUR, THROUGH
ITS CHAIRMAN, DEPUTY COMMISSIONER,
HAMIRPUR, H.P.
....RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
9. CIVIL WRIT PETITION NO.4961 OF 2020.
Between:-
SUNITA MAHINDRO WIFE OF SH. RAJESH
MAHINDRO, HOUSE NO. 103/6, LOWER
SAMKHETAR MANDI, DISTRICT MANDI, H.P.
PRESENTLY POSTED AS DATA ENTRY
OPERATOR, O/O DISTRICT TUBERCULOSIS
OFFICER, OFFICE OF CMO MANDI, DISTRICT
MANDI, H.P.
(BY SH. HAMENDER SINGH CHANDEL,
ADVOCATE)
AND
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1. STATE OF H.P. THROUGH SECRETARY
(HEALTH) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
.
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, HIMACHAL PRADESH, SHIMLA-9.
3. STATE TUBERCULOSIS OFFICER-CUM-DY.
MISSION DIRECTOR, NHM HIMACHAL
PRADESH, SHIMLA-9.
4. DISTRICT HEALTH AND FAMILY WELFARE
SOCIETY, DISTRICT MANDI, THROUGH ITS
CHAIRMAN, DEPUTY COMMISSIONER,
MANDI.
....RESPONDENTS.
(BY SH. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
__________________________________________________________
These petitions coming on for admission after notice this
day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:
ORDER
Since, common question of law and facts arises for
consideration in these petitions, therefore, the same were taken up
together for hearing and are being disposed of by this common
judgment.
2. For maintaining clarity, the facts from CWP No. 4954 of
2020 titled Mohinder Kumar Sharma vs. State of H.P. and others are
being noticed.
3. The petitioner was initially appointed as Data Entry
Operator (DEO) under the Revised National Tuberculosis Control
Programme (RNTCP). The respondents advertised the posts of
DEOs under RNTCP in the daily newspaper and other modes.
.
Thereafter, Selection Committee was constituted by the Deputy
Commissioners and after the interviews that were conducted by the
Chief Medical Officers (CMOs), the petitioner came to be appointed
as DEO.
4. It is averred that the manpower under all the
programmes under the National Health Mission (NHM) is under the
unified control of respondent No.2. Further, a common database of
manpower has been prepared and the employees working in
various societies in the different districts have been allowed a
National Health Mission Human Resource Information System
(NHM HRIS). The petitioner has been allowed NHM HRIS number.
The RNTCP programme comes under the NHM and there are other
health schemes like Integrated Disease Surveillance
Programme/Project (IDSP) Blindness Control Programme, National
Leprosy Eradication Programme, National Vector Born Disease
Control Programme, National AIDS Control Programme,
Reproductive & Child Health (RCH). The said health schemes are
also managed at the District level by the concerned Deputy
Commissioners being Chairman of the societies formed for the
purpose and therein all about 25 health schemes running under the
NHM.
.
5. It is further averred that the DEOs have been appointed
in the other schemes also and the appointments are also made on
contract basis as in the case of petitioner. Initially, the petitioner
was appointed on fixed salary of Rs.4,000/- in the year 2001 and
the employees in other societies were also appointed on the
consolidated salary of
r Rs. 6,000/- per month in the year 2005
onwards. In the year 2006, all the DEOs were on the salary of
Rs.6,000/- per month. Vide letter dated 12.04.2010, the salaries of
the DEOs were fixed at Rs.10,000/- with annual performance
incentive @1% to 3% as per the parameters prescribed by MD
(NHRM) subject to the condition that emoluments shall not exceed
maximum salary limit of Rs.13,500/-.
6. It is also averred that vide office order dated
29.09.2012, it was ordered that since there has been approval to
increase the salary of staff working under the NHM, therefore,
increase of 25% in the last drawn salary was ordered. Further, vide
letter dated 18.02.2013, it was ordered that the DEOs working
under IDSP shall get enhancement of salary in terms of order dated
01.10.2012. The order dated 29.09.2012 was never implemented
in respect of the DEOs working under the RNTCP and the petitioner
continued receiving salary at lower rates.
.
7. In the year 2016, a decision was taken by the
Government that the employees working in different societies in the
Health and Family Welfare Department would be considered for
conversion into RKS contract after three years and after eight years
for regularization. The Cabinet decision was notified vide
notification dated 28.03.2016 and it was ordered that employees of
the society shall be given regular pay scales after completion of
eight years as on 31st of the preceding year subject to the
condition that they would continue in the same society. However,
this decision was never implemented qua the petitioner and
implemented only qua the employees of the Rogi Kalyan Samiti
IGMC Shimla and vide office order dated 18.05.2016, the employees
were allowed basic pay scale plus allowances. Further, vide order
dated 16.04.2018, the salary of DEOs and other staff working in the
RNTCP was ordered to be revised w.e.f. 01.04.2013. However, the
said order was also not implemented in its letter and spirit.
8. It is further averred that vide office order dated
08.01.2018 based upon the approval of the Government of India,
the loyalty bonus was allowed to the contractual employees working
under all programmes of NHM and the arrears allowed w.e.f
01.01.2017. As per the office order the contractual employees, who
had completed five or more years on 31.03.2017, were to get 15% of
.
the base salary as loyalty bonus and the employees who had served
for 3 years were allowed 10% of the base salary as loyalty bonus.
9. Aggrieved by the discriminatory treatment, the petitioner
approached the authorities for the redressal of the same and when
nothing was heard, he made representation to the Hon'ble Chief
Minister wherein it was submitted that
r the DEOs contractual
employees working in the RNTCP for the last 19 years were getting
Rs. 14,677/- per month as salary, whereas, the DEOs working in the
other programmes of the NHM were getting Rs.22,000/- per month.
This was followed by one more representation dated 02.09.2019 to
the Government for doing away with the disparity in the salary.
However, again no action was taken in the matter by the department.
10. On 27.09.2019, a meeting of the Technical Advisory
Committee (TAC) was convened in which various issues were
discussed and on the issue of disparity of employees in the RNTCP
staff(at Point No. 24) a committee was constituted consisting of the
Mission Director, NHM, Dy. Mission Director NHM, Joint Controller
Finance and State TB Officer to review the anomaly. Vide circular
dated 17.06.2020, it was decided that a decision needs to be taken
with regard to the proposal for giving additional financial benefits to
the employees working under the NHM.
.
11. On 22.06.2020, a committee to see the disparity in the
pay was constituted and the terms of reference were also settled.
12. Further, vide letter dated 29.06.2020, the issue
regarding the disparity of the pay was taken up by the Mission
Director, NHM. Vide letter dated 06.07.2020, it was directed that the
representations be received from the contractual employees
regarding pay anomaly and one such representation was forwarded
vide letter dated 23.07.2020.
13. It is only when the respondents failed to redress the
grievances of the petitioners that they filed these petitions for grant
of the following reliefs:
CWP No. 4954 of 2020.
"a) That the petitioner may be held entitled to receive
equal salary as is being paid to their counterparts
DEO's in the IDSP and NACP and other schemes. The
petitioner may be held entitled to the arrears from due
date when the disparity in the pay started at the first
instance.
b) That the arrears of salary may be released with
interest."
14. The respondents initially contested the petition by filing
reply wherein it was averred that engagement of the services of the
.
petitioner was under the RNTCP, as sanctioned and approved by the
Government of India which had its own packages of emoluments
with major funding by the Government of India and the same have
been revised from time to time. Accordingly, the petitioner was
engaged on fixed emoluments.
15. It was thereafter averred that the grievances of the
petitioner and similarly situated persons were being looked into and
in order to remove anomaly in pay by bringing parity in pay, a
committee was constituted vide Office Orders dated 22.06.2020 and
25.08.2020. The Committee had held several meetings and had
given its final recommendation in the last meeting held on
19.01.2021. Accordingly, pay fixation proposal was worked out
whereafter the proposal was included in the agenda of meeting of
the Governing Body of State Health Society, H.P., which in its
meeting held on 14.06.2021 had decided that the said proposal be
placed before the Executive Committee in first instance for
examination and suitable recommendation on each point. After due
deliberation by the Executive Committee, the recommendations
were placed before the Governing Body in its meeting held on
12.11.2021 and thereafter the matter had been placed before the
Governing Body of the State Health Society.
.
16. On 07.03.2022, the Court after noticing the averments
made in the reply/affidavit filed by the respondents passed the
following order:-
"Para-5 of the short reply filed by the respondents-
State reads as under :
"That it is submitted that the Executive Committee of
State Health Society has held its meeting on
12.11.2021. The matter has to be placed before the
Governing Body of State Health Society, H.P, in its next
meeting likely to be held in the near future. It is relevant
to submit here that the approval of any
recommendation of the Executive Committee by the
Governing Body in the present case of the petitioner
and other similarly situate persons, whose services had
initially been engaged under the Revised National
Tuberculosis Control Programme, is further subject to
approval/ additionality of funds by the Government of
India, for which a case has separately being moved by
the respondents-State and the department."
Let fresh instructions in terms of the averments be
obtained by the respondents-State on or before the next date
of hearing. List on 28th March, 2022.
CWP No.4957/2020
De-linked."
17. An affidavit of the Director, NHM, Himachal Pradesh,
came to be filed on 04.04.2022, the relevant portion whereof as
.
contained in para-2 reads as under:-
"2. That it is respectfully and humbly submitted
that as per the recommendation made by the Executive
Committee of the State Health Society and further approval
conveyed by the Government of India vide letter dated
15.03.2022, the Human Resource Rationalization (Pay and
other service benefits) of contractual staff of HP State
Health Society (National Health Mission) has now been
ordered vide notification dated 28.03.2022 with revision of
their base salary w.e.f. 01.01.2022, copy of the notification
placed on record as Annexure R-A for kind perusal of the
Hon'ble Court."
18. Thus, it is established from the records that in principle
the respondents conceded to the claim of the petitioners that there
was disparity and thereafter removed the same by issuing
notification dated 28.03.2022. However, the petitioners were still not
contented with the same as they had not been paid arrears on the
rectified order dated 28.03.2022 and this was so observed by this
Court in its order dated 25.04.2022, which reads as under:-
"Learned counsel for the petitioners states that as
regards anomaly of the date, the same stands rectified by
the state government. However, the arrears on the basis
of said rectification have not been paid to the petitioners.
Confronted with this, learned Senior Additional
Advocate General prays for and is granted four weeks' time
.
to obtain instructions. List on 13.6.2022."
19. It is thereafter that the respondents placed on record the
instructions dated 29.07.2022 which go to indicate that a proposal
had been mooted regarding the payment of salary as revised under
RNTCP as per the Government of India approval with effect from
01.04.2011, but the same appears to have fizzled out without there
being any apparent reason for the same. This constrained the Court
to pass the following order on 18.07.2022, which reads as under:-
"Heard the matter for considerable time, we are of the
considered view that since services of all the Data Entry
Operators have been brought under one umbrella as is
evident from Annexure P-1, there is no question of there
being any discrimination in matters of pay and allowances
solely on the basis of the administrative departments being
created or bifurcated after the year 2010.
Confronted with this, learned Senior Additional
Advocate General prays for and is granted two weeks' time
to obtain instructions.
List on 01.08.2022."
20. A narration of the aforesaid facts would go to show that
the only question which is now required to be considered by this
Court, at this stage, when the main grievance of the petitioners has
not only been acknowledged but also accepted by the respondents
themselves by issuing notification dated 28.03.2022, is whether the
petitioners are entitled to the arrears since 2011 or from some other
.
date.
21. It would be noticed that the petitioners have been
agitating their claim since 2011 and it is the respondents, who
eventually agreed with their contention that they were being
discriminated in the matter of salary by issuing notification dated
28.03.2022 bringing the services of the DEOs under one umbrella.
22. In such circumstances, it is not only harsh but would be
discriminatory and otherwise inequitable in case the petitioners are
not granted the same emoluments as were being granted to their
counterparts in the other health schemes under the NHM Directorate.
23. However, the moot question still remains whether the
entire arrears from 2011 can be granted in favour of the petitioners
as claimed by them. The answer to the same is clearly in the
negative as the Hon'ble Supreme Court has repeatedly held that the
arrears of the salary would be payable only from three years before
filing of the petitions and not before.
24. Reference in this regard can conveniently be made to
the judgments of the Hon'ble Supreme Court in Anand Swarup
Singh vs. State of Punjab AIR 1972 (SC) 2638, Sakal Deep
Sahal Srivastava vs. Union of India and another AIR 1974 (SC)
338, Smt. J. Tiwari vs. Smt. Jawala Devi Vidya Mandir and
others AIR 1981 (SC) 122, M.R. Gupta vs. Union of India and
.
others (1995) 5 SCC 628, Jai Dev Gupta vs. State of Himachal
Pradesh and another (1997) 11 SCC 13, State of Punjab and
others vs. Kulbir Singh (1997) 11 SCC 394, Jaswant Singh vs.
Punjab Poultry Field Staff Association and others (2002) 1 SCC
261, Shiv Dass vs. Union of India and others (2007) 9 SCC 274
and Union of India and others vs. Tarsem Singh (2008) 8 SCC
648.
25. In view of the aforesaid discussion, we find merit in
these petitions and the same are accordingly allowed. The
petitioners are held entitled to the arrears of salary as per their
counterparts with effect from three years before filing of the
petitions and not before.
26. All pending applications also stand disposed of.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
Judge
11th November, 2022.
(krt)
