Punjab-Haryana High Court
Balwan Singh And Ors vs State Of Haryana And Others on 16 December, 2023
Neutral Citation No:=2023:PHHC:161704
CWP No.28343 of 2023 -1- 2023:PHHC:161704
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
108
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CWP No.28343 of 2023
Date of Decision : 16.12.2023
Balwan Singh and others ..... Petitioners
versus
State of Haryana and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Tejpal Singh Dhull, Advocate, for the petitioners
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TRIBHUVAN DAHIYA J. (ORAL):
This petition has been filed seeking a writ of mandamus
directing the respondents to pay the minimum of regular pay scale with
dearness allowance plus grade pay to the petitioners.
2. The petitioners are statedly working as Canal Patwaris on
contract basis with the respondent-Department. They earlier approached
this Court, and their writ petitions were disposed of directing the
respondents to decide their representations. Pursuant thereto, the
respondents have passed the order, dated 22.7.2020, whereby the
petitioners' claim for grant of minimum of the regular pay scale meant for
the post of Canal Patwari has been accepted. They have also been held
entitled to arrears of the pay scale from 03.11.2017 in the light of
instructions issued by the State Government, recognizing the principle
'equal pay for equal work'.
3. Learned counsel for the petitioners contends that despite the
claim of similarly situated employees to release the minimum of regular
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pay scale alongwith dearness allowance having been accepted, it has not
been released to the petitioners. The pay scale without dearness allowance
is being released, which is contrary to law. He has referred to a judgment
of the Supreme Court in Bahadur Singh & others v. Jaspreet Kaur Talwar
& others, 2022 SCC Online SC 1077, wherein it has been specified that
the expression 'minimum of the pay' means not only the basic pay plus
grade pay, but includes dearness allowance also which comes therewith.
Therefore, the petitioners are entitled to dearness allowance apart from the
basic pay and grade pay of the minimum of regular pay scale as Canal
Patwaris. It is also contended that this Court vide order dated 31.05.2023,
passed in CWP No.23153 of 2019, titled Kamal Kumar and others v.
State of Punjab and others, has granted minimum of pay scale attached to
the post in question to the petitioners therein in terms of Bahadur Singh
case (supra).
4. Learned counsel further contends that the petitioners have given
a representation dated 15.06.2023, Annexure P-7, which has not been
decided so far. Besides, their claim for grant to Leave Travel Concession
(LTC) benefit has not been considered despite the government
Instructions, dated 21.04.2010, Annexure P-6, which entitle the contract
employees, like petitioners, to the benefit. At this stage, the petitioners
will be satisfied in case respondents are directed to decide the
representation dated 15.06.2023, Annexure P-7, within a specified period.
5. Notice of motion.
6. Ms. Tanushree Gupta, DAG, Haryana, accepts notice and
submits that the pending representation will be decided by considering
both the claims raised by the petitioners within a period of three months
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from today, keeping in view the law laid down in Bahadur Singh case
(supra) that minimum of the basic pay includes grade pay alongwith
dearness allowance, and the instructions, dated 21.04.2010, that allow
LTC benefit to contractual employees.
7. In view of the statement made by learned State counsel, the
petition stands disposed of with a direction to respondent no.2/Engineer-
in-Chief, Irrigation and Water Resources Department, Haryana, to
consider and decide the pending representation dated 15.6.2023, by
passing a speaking order in accordance with law, within a period of three
months from the date of receiving a certified copy of this order.
8. In case the order is not passed within the stipulated period, the
officer concerned shall pay costs of Rs.25,000/- to the petitioners.
(TRIBHUVAN DAHIYA)
JUDGE
16.12.2023
A w
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:161704
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