Punjab-Haryana High Court
Renu Devi And Others vs State Of Haryana And Ors on 14 March, 2022
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-24733-2019
Date of decision: March 14, 2022
Renu Devi and others
......Petitioners
versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:- Mr. Aditya Yadav, Advocate for the petitioners.
Mr. Saurabh Mohunta, DAG Haryana.
*****
ARUN MONGA, J (ORAL)
Petition herein, inter alia, is for issuance of a writ in the nature of
Mandamus directing the respondents to allow the petitioners to work on their
posts till the time said posts are not filled up through regularly selected
candidates.
2. Learned counsel for the petitioners submits that upon finding
shortage of staff in the Government College Dronacharya, Gurugram, a decision
was taken to engage the Junior Librarian, Library Attendant, Restorer, Clerk,
Sweeper, Chowkidar, Mali (Temporary/ Contract basis). The petitioners are
satisfactorily working in the said College since 2015 as per the outsourcing
policy-II issued by the Government of Haryana. He submits that the petitioners
are performing their duties similar to regular employees. There is requirement of
certain posts on the contract basis due to non-availability of sufficient staff in
the College ibid. He further submits that the petitioners are entitled for equal
pay as the petitioners also perform equal work as being performed by the
regular employees. He submits that as per past practice, respondent-college is
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going to issue fresh advertisement for filling up the posts on temporary basis.
He submits that the case of the petitioners is similar to the case of the petitioners
in CWP-366-2017 and prays that this petition be also disposed of in the same
terms.
3. Heard learned counsel for the parties and perused the record.
4. While disposing of the writ petition-CWP-366-2017, the
Coordinate Bench of this Court, vide its judgment dated 21.08.2018 observed as
under:-
"Learned counsel for the petitioners has referred to the
judgment passed by this Court in CWP No.16954 of 2015, titled
'Anurag Chahal and others vs. State of Haryana and another',
decided on 05.5.2016 (Annexure P-10) wherein, while considering
the case of Computer Instructions, who had been appointed by the
duly constituted Selection Committee were granted minimum of the
regular pay scale as they had been working on the said posts for the
last six years and further they were allowed to continue to work on
their posts till the regular selections were made and they were held
entitled to get the salary of the vacation period and minimum pay
scales as admissible to the regular employees.
The petitioners are claiming at par as per the above said
judgment in Anurag Chahal's case (supra). Further this Court in
CWP No.2427 of 2016, titled 'Jyoti Sharma and others vs. State of
Haryana and others', decided on 30.5.2016 and CWP No.15685 of
2015, titled 'Raju Sharma and others vs. State of Haryana and
others, decided on 21.3.2017 passed similar orders.
In view of the above, the present petition is disposed of and
respondents are directed to retain the petitioners on the posts they
are working till regular selection are made and grant them salary
of the vacation period and minimum pay scales as admissible to the
regular employees."
5. In the premise, this writ petition is disposed of in terms of the
judgment ibid.
(ARUN MONGA)
JUDGE
March 14, 2022
mahavir
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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