Ram Karan And Another vs State Of Haryana And Others
2023 Latest Caselaw 1667 P&H

CWP No.13245 of 2017                  -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                Civil Writ Petition No.13245 of 2017
                                Date of Decision: January 25, 2023

Ram Karan and another
                                                            ......PETITIONERS

                                     Vs.

State of Haryana & others
                                                          .....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present: Mr.Durga Dutt Sharma, Advocate for petitioner No.1.

Mr.Aditya Yadav and Mr.Arpit Yadav, Advocates for petitioner No.2.

Mr. Harish Rathee, Senior DAG, Haryana.

Suvir Sehgal, J (Oral)

The petitioners have approached this Court under Article 226

and 227 of the Constitution of India for issuance of a writ in the nature of

mandamus directing the respondents to decide representation dated

18.04.2017 Annexure P-1 whereby they have requested for grant of

minimum wages as are being paid to the regular employees of the

Government and for regularisation of their services as per Rules.

Writ petition has been contested by the respondents.

Learned counsel submits that the issue stands settled by the

Hon'ble Supreme Court in State of Punjab Versus Jagjit Singh 2016(4)

SCT 641.

Mr.Rathee, on the other hand, submits that pursuant to an

interim order passed by this Court both the claims of the petitioners have

been rejected vide order dated 11.10.2017. He submits that this order finds

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mention in para 8 of the preliminary submissions, but could not be

appended with the reply. He has filed a copy of the same, which is taken on

record as Annexure R-4.

Heard learned counsel for the parties.

A perusal of order dated 11.10.2017 Annexure R-4 passed by

the respondents shows that the official respondents have not even adverted

to the judgment of the Supreme Court in Jagjit Singh's case (supra). On

this sole premise alone, the said order cannot be sustained.

Accordingly, order dated 11.10.2017, Annexure R-4, is set

aside. Writ petition is disposed of with a direction to the respondents to pass

a fresh order keeping in view the directions given by the Supreme Court in

Jagjit Singh's case (supra).

Insofar as the second claim of the petitioner is concerned,

liberty is granted to the respondents to decide the same after the decision of

Hon'ble Supreme Court in SLP (C) No.31556 of 2018 State of Haryana

Versus Yogesh Tyagi and other connected matters, which are stated to be

pending.

25.01.2023                                            ( SUVIR SEHGAL )
Meenu                                                     JUDGE


                   Whether speaking            : Yes/No
                   Whether reportable          : Yes/No




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