Punjab-Haryana High Court
Karam Pal And Others vs State Of Haryana And Others on 21 December, 2022
CWP-1654-2020 (O&M)
207 (2 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision:21.12.2022
1) CWP-1654-2020 (O&M)
Karam Pal and others .....Petitioners
Versus
State of Haryana and others .....Respondents
2) CWP-194-2021 (O&M)
Jyoti and others .....Petitioners
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present: Mr. Sunil K. Nehra, Advocate
for the petitioners in CWP No.1654 of 2020.
Mr. Parminder Bhukal, Advocate
for the petitioner in CWP No.194 of 2021.
Mr. Saurabh Mohunta, D.A.G., Haryana.
Mr. Devansh Khanna, Advocate for
Mr. Vaibhav Narang, Advocate for respondents No.2 to 10 in
CWP No.1654 of 2020.
*****
ARUN MONGA, J. (ORAL)
Vide this common order, above mentioned two petitions are being
disposed of, since not only the facts but the issues raised therein are also similar.
For brevity, facts which are in dispute are being taken from CWP No.1654 of
2020.
Petition, inter alia, is for issuance of a writ in the nature of Mandamus
directing the respondents to grant Dearness Allowance (DA) to the petitioners of
the post of Reader in Permanent Lok Adalat for Public Utility Services in view of
the judgment passed by this Court in CWP No.18057 of 2018 (Annexure P-11) and
in CWP No.22747 of 2018 (Annexure P-13), which was stopped from November,
2019 onwards.
ASHISH
2022.12.22 13:19
I attest to the accuracy and
CWP-1654-2020 (O&M)
2. While issuing notice of motion on 22.01.2020, my Learned Sister Ritu
Bahri, J., (as she then was seized of the matter), passed following order:-
"Learned counsel for the petitioner refers to the judgment passed by
the Division Bench of this Court in Chhote Lal vs. State of Haryana
and others, 2002 (4) SCT 914 to contend that the benefit of dearness
allowance (DA) along with minimum of the pay scale, has to be given
to the contractual employees.
Grievance of the petitioners is that vide order dated
08.03.2019, the petitioners were granted the benefit of minimum
wages along with DA. However, after a gap of three months, DA is
not being paid to them.
Notice of motion for 06.07.2020.
In the meantime, Dearness allowance be paid to the petitioners
pursuant to the judgments passed in J.S. Yadav vs. State of Haryana
and others, 2002 (1) SLR 244, Uma Rani vs. State of Haryana and
others, 2017 (1) SCT 425 and Surinder Kumar and others vs. State of
Haryana and others, 2002 (4) SCT 424 (Annexures P-19 to P-21). The
petitioners will not be replaced by another set of contractual
employees, except by way of regular recruitment."
3. Having perused the aforesaid judgment, it appears that the petitioner
is on parity with the petitioner in Chhote Lal's case ibid. I need not labour all over
again since issue involved herein has already been dealt with. Controversy is thus
no more res integra.
4. Consequently, the writ petitions are disposed of with the expectation
that the respondents shall comply with the ratio of the judgments as mentioned in
the notion of motion order, as above. Needful exercise be carried out within a
period of 3 months. Needless to say, non-compliance thereof will invite contempt
proceedings.
5. Pending civil miscellaneous, if any, shall also stand disposed of.
(ARUN MONGA)
JUDGE
December 21, 2022
ashish
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
ASHISH
2022.12.22 13:19
I attest to the accuracy and
