Citation : 2023 Latest Caselaw 21468 P&H
Judgement Date : 8 December, 2023
Neutral Citation No:=2023:PHHC:157338
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2023:PHHC:157338
Date of Decision:08.12.2023
CWP No.11492 of 2016(O&M)
Davinder Singh another
....Petitioners
vs.
Sant Longowal Institute of Engineering & Technology, Longowal,
District Sangrur (Punjab)
....Respondent
CWP No.11393 of 2016(O&M)
Ranjit Singh
....Petitioners
vs.
Sant Longowal Institute of Engineering & Technology, Longowal,
District Sangrur (Punjab)
....Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Mandeep Singh Dhaliwal, Advocate
for the petitioners in CWP No. 11492 of 2016
Mr. Harinder Pal Singh Isher, Advocate
for the petitioner in CWP No. 11393 of 2016
Mr. Vivek Singla Advocate
for the respondent-institute
***
JAGMOHAN BANSAL, J. (ORAL)
1. By this common order, CWP Nos. 11492 of 2016 and CWP No.
11393 of 2016 are hereby adjudicated as common questions of law and facts
are involved. With the consent of both sides, facts are borrowed from CWP
No. 11492 of 2016.
2. On 02.06.2016, the following order was passed by this Court:-
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Neutral Citation No:=2023:PHHC:157338
CWP No.11492 of 2016(O&M) -2- 2023:PHHC:157338
"Counsel places reliance upon pendency of CWP No. 9216 of 2016, Vinod Kumar Singh vs. Sant Longowal Institute of Engineering and Technology. It is submitted that the petitioners were first appointed in September, 2014 upto 30.06.2015 on contract basis. Thereafter, they were appointed on 20.07.2015 to 18.12.2015 and relieved. Fresh appointment was made on 31.12.2015 (Annexure P-2) as Technician, Computer Science on a consolidated salary of Rs.20,000/- till 30.06.2016.
Accordingly, it is submitted that the posts are available and they have to repeatedly compete again and again and the deprivation of salary during the vacation period is not justified.
Notice of motion for 20.07.2016.
In the meantime, the petitioners will be permitted to continue in service after 30.06.2016 till further orders."
2. Learned counsel for the petitioners submits that petitioners may
be extended minimum pay scale including dearness allowance. Learned
counsel in support of his contention, relies upon order dated 25.09.2023
passed by this Court in CWP-32967 of 2019 titled as "Abhishek Kamboj and
others vs. Board of Governors, National Institute of Technology and others".
He further submits that let benefit of minimum pay scale may be confined
to three years preceding date of filing writ petition before this Court.
3. Learned counsel for the respondent-institute does not dispute
applicability of aforesaid judgment to the petitioners. He further submits
that case of the petitioners would be considered in the light of aforesaid
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judgment and disposed of within three months from today. The respondents
would not discontinue the services of the petitioners who at present are
working with them till regular appointments are made.
4. In the wake of statements of both sides, the petitions stand
disposed of.
(JAGMOHAN BANSAL) JUDGE 08.12.2023 paramjit
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:157338
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