Punjab-Haryana High Court
Satnam Singh And Anr vs State Of Punjab And Ors on 23 April, 2024
Neutral Citation No:=2024:PHHC:060185
WP-11937-2015
C 2024:PHHC:060185
and connected matters 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
104+203+331
CWP-11937-2015 (O&M)
Date of Decision: 23.04.2024
1)
Satnam Singh and another
...Petitioners
Versus
State of Punjab and others
...Respondents
2 ) CWP-13343-2019 (O&M)
Sandeep Singh
...Petitioner
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
3 ) CWP-14572-2019 (O&M)
Vikram Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
4) CWP-35958-2019 (O&M)
Narinder Kumar
...Petitioner
Versus
Guru Nanak Dev University, Amritsar and another
...Respondents
5) CWP-29879-2022 (O&M)
Punnu
...Petitioner
Versus
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Guru Nanak Dev University Amritsar and another
...Respondents
6 ) CWP-18629-2015 (O&M)
Prem Lata and others
...Petitioners
Versus
State of Punjab and others
...Respondents
7 ) CWP-20828-2015 (O&M)
Subhash Chander and others
...Petitioners
Versus
Guru Nanak Dev University, Amritsar and another
...Respondents
8 ) CWP-22584-2016 (O&M)
Kuldip Singh and another
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
9 ) CWP-9295-2017 (O&M)
Desa Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
1 0) CWP-13430-2020 (O&M)
Sunil Kumar
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...Petitioner
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
1 1) CWP-28223-2022 (O&M)
Gurwinder Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and others
...Respondents
1 2) CWP-26860-2022 (O&M)
Manjinder Singh
...Petitioner
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
1 3) CWP-20539-2022 (O&M)
Arjan Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
1 4) CWP-11712-2022 (O&M)
Kanchan Kumar and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
3 of 10
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WP-11937-2015
C 2024:PHHC:060185
and connected matters 4
...Respondents
1 5) CWP-2012-2023 (O&M)
Mandeep Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
1 6) CWP-30920-2019 (O&M)
Dharminder Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
1 7) CWP-28746-2022 (O&M)
Tajinder Jit and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
18) CWP-31015-2019 (O&M)
Damandeep Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
1 9) CWP-10703-2022 (O&M)
Palwinder Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
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WP-11937-2015
C 2024:PHHC:060185
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20) CWP-2064-2023 (O&M)
Raj Kumar and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
2 1) CWP-16035-2022 (O&M)
Amarjit Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
2 2) CWP-12673-2022 (O&M)
Parveen Kumar and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and others
...Respondents
2 3) CWP-19451-2019 (O&M)
Rajpreet Singh and others
...Petitioners
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
2 4) CWP-6816-2017 (O&M)
Aman Kumar
...Petitioner
Versus
Guru Nanak Dev University Amritsar and another
...Respondents
2 5) CWP-23651-2023 (O&M)
Gopal Anand
...Petitioner
Versus
Guru Nanak Dev University Amritsar and another
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...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
****
Present: Mr. Puneet Jindal, Sr. Advocate with
Ms. Malvi Aggarwal, Advocates for the petitioners.
Mr. G.S. Madaan, Advocate for the petitioners.
Mr. R.K. Arya, Advocate for the petitioner in CWP-6816-2017.
r. Pankaj Maini, Advocate for the petitioners in CWP-11937
M
and 18629-2015.
r. Davinder Singh and Mr. Yagyaang Ajay, Advocates
M
for the petitioners in CWP-6816-2017 and CWP-13343-2019.
r. Satwant Mehta, Advocate for the petitioners
M
in CWP-19451-2019, CWP-35958-2019,
CWP-13343-2019, CWP-14572-2019 & CWP-29879-2022
r. PadamKant Dwivedi, Advocate
M
for the petitioners in CWP-26860-2022.
r. Yagyaang Ajay, Advocate
M
for the petitioner in CWP-23651-2023.
r. Inayat Khullar, Advocate for the petitioners
M
in CWP-28223-2022.
Mr. Manipal Singh Atwal, DAG, Punjab.
r. Amit Singh Sethi, Advocate
M
for respondent-GNDU in CWP-9295-2017 and
CWP-23651-2023.
s. Isha Goyal, Advocate
M
for the respondents in CWP-6816-2017.
Mr. M.K. Dogra, Advocate for the respondent-GNDU
*****
AMAN CHAUDHARY J. (Oral)
CM-20022-CWP-2023 inCWP-6816-2017
For the reasons mentioned in the application, the same is
allowed. Photocopies of the affidavit of the petitioner, Annexure P-9 and
certificate of A/B Class Wireman approved by Govt. of Punjab, Annexure
P-10 are taken on record, subject to all just exceptions.
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CM-6490-CWP-2024 in CWP-16035-2022
For the reasons mentioned in the application, the same is
allowed. Replication to the written statement filed on behalf of respondent
Nos.1 and 2 is taken on record, subject to all just exceptions.
Main Case(s)
1. These cases involve similar issues and therefore, are being
disposed of together by this common judgment.
2. Theprayermadeinthesecasesisfordirectingtherespondentsto
regularizetheservicesofthepetitionersworkingintherespondent-University
and grant of minimum of pay scale.
3. Learned Senior counsel as also the other learnedcounsel,inthe
same breath, submit that the petitioners have been serving the
respondent-University in different capacities for more than 10 years and are
thus entitled to minimum of pay scale including DA, grade pay, etc. and
regularization,theircasesbeingsquarelycoveredbythejudgmentsinStateof
Punjab vs. Jagjit Singh, 2017 (1) SCC 148, followed by this Court in
Amrish Sharma and others vs. State of Punjab and others,
CWP-19238-2013, decided on 26.02.2024 and Avtar Singh and others vs.
Guru Nanak Dev University, Amritsar through its Registrar.
CWP-12892-1996, decided on 01.12.2023.
4. The relevant portion ofAmrish Sharma(supra),reads thus:-
" 35. In the case in hand, the respondent in 2006 framed
regularizationpolicywhichwasfollowedby2011Policy.Asper
Policy of 2006 read with policy of 2011, an employee who has
completed service of 10 years by the endofDecember'2006is
eligibleforregularappointment.AllthepetitionersareClass'D'
employees. Few petitioners, as confirmed in differentaffidavits,
during the pendency of litigation have been regularized and
remaining have not been regularized due to lack of
permanent/sanctioned pasts. The respondent in 2023hasframed
anotherpolicywherebydyingcadrehasbeencreated.Therewas
nominimumqualificationatthetimeoftheirappointment.They
without interruption are working for decades.Theyareassigned
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duties of Class IV. Courts repeatedly have held that long
experience is asgoodasminimumqualificationespeciallywhen
an employeeiseffectivelydischarginghisduties.Thus,itwould
notbejustified,onthegroundofminimumqualification,todeny
benefit of regularization to an employee who is working for
decades and is assigned duties of class IV i.e. lowest rung.
xx xx xx
40. FromtheconjointreadingofjudgmentsofSupremeCourt
inJagjitSingh(supra),BahadurSingh(supra),UmaDevi(supra)
and Ilmo Devi (supra), it can be culled out that part time
employees who are working for few hours cannot claim pay
parity. Daily wage workers who work at par with regular
employees though cannot claim pay parity with regular
employees yet are entitled to minimum pay. The minimum pay
includes dearness allowance and grade pay. The petitioners
herein are working for last 30-40 years and they are not part
timer whereas theyaredailywagerandworkatparwithregular
employees which is more evident fromthefactthatfewoftheir
colleagues have already been absorbedagainstsanctionedposts.
The majority of the petitioners are not absorbed due to
non-availability of sanctioned/regular posts or they had not
completedserviceof10yearsatthetimeofintroductionof2006
Policy. Thepetitionerswhodespitehavingrenderedaquitelong
service,maybemorethan30years,ifnotregularized,deserveat
least minimum pay which includes minimum of pay scale plus
dearness allowance and grade pay. Accordingly, it is concluded
thatRespondent-Stateisliabletopayminimumofpayscaleplus
dearness allowance and grade pay to all those petitioners who
neither have been/are regularized nor are part timer.
41. The respondent in its reply and during the course of
arguments has pleaded that petitioners are paid monthly lump
sum amount which is more than rate prescribed by Deputy
Commissioner and minimum of pay scale available to regular
employees. The dichotomy between figure of State and
Petitioners has erupted due to non-inclusion of dearness
allowance and grade pay. The State in view of above referred
judgments is bound to add DA and GP while calculating
minimum of pay scale.
42. Keeping in mind financial burden on State exchequer,
binding precedents, rights of petitioners as well as equity, this
Court hereby holds and gives its imprimatur to the State to pay
minimum ofpayscaleplusdearnessallowanceandgradepayto
all those employeeswhoarenotparttimersandhavecompleted
service of 10 years.
xx xx xx
Conclusion:
47. In the wake of above discussion and findings, this Court
comes to conclusion as below:
i) This Court in the normal course cannot ask State to createor
sanction posts.
ii)Thepetitionerswhohadcompletedserviceof10yearsbythe
end of December' 2006, either at present are in service orhave
already retired, are entitled to regular post and they cannot be
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deniedregularizationonthegroundoflackofsanctionedpostor
minimum education qualification. To avoid burden on State
exchequer, it is clarified that from the deemed date of their
regularization, they shall be entitled to minimum of pay scale
plus dearness allowance and grade pay tillthedateofthisorder
and thereafter regular pay scale.
iii) The petitioners who are still in service but didnotcomplete
service of 10 years by the end of December' 2006 would form
partofdyingcadrecreatedby2023Policy.TheState,inviewof
long service of these employees, would not insist for minimum
qualification. They from the date of completing service of 10
years would be entitled to minimum of pay scale plus dearness
allowance plus grade pay till the date they are regularized in
terms of 2023 Policy.
iv) The petitioners who did not complete serviceof10yearsby
the end of December' 2006 and during the pendency ofpresent
litigation have superannuated or passed away would be entitled
to minimumofpayscaleplusdearnessallowanceandgradepay
from the date of completing service of 10 years till the date of
their retirement or death.
v) The petitioners who have already been regularized by
31.12.2016 shall not be entitled to any additional financial
benefit because they are alreadygettinghigheramountofsalary
for last couple of years.
vi) The respondent-State shall not be liable to pay interest on
arrears arising on account of re-fixation of pay."
5 . The operative portion of Avtar Singh and others(supra) reads
thus:
" 4.Inviewofabove,sinceadmittedlythepetitionersNo.2
to6havebeenworkingwiththerespondent-Universityfor
morethan10yearsondailywagebasisandweretherefore
entitledtoberegularized,therespondentshavenotdenied
thedateofappointmentofthepetitionersasmentionedby
theminpara2oftheWritPetition.Havingbeenappointed
intheyears1990,1991,1992and1993,thisCourtisofthe
viewthattherepresentationmadebypetitioners(Annexure
P-2)shallbeexaminedinlightofthejudgmentinthecase
of Uma Devi and Others (Supra) and all thepersonswho
have been working for 10 years or more shall be
regularizedintheaforesaidtermsandshallalsobepaidthe
regularpayscale.Arrearsshallalsobecalculatedandpaid
to them."
6. Alllearnedcounsel,oninstructionscandidlystatethatthearrears
to the petitioners be paid only from 20.03.2017, the date on which the
Syndicate of Guru Nanak Dev University took a decision to accept the
judgmentinJagjitSingh(supra)andadoptPunjabAdhocContractual,Daily
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Wages, Temporary, Work Charged and Outsourced Employees Welfare Act
2016.
7. Learned counsel appearing for the University as also for State,
have been unable to controvert the factual position and draw out any
distinctive aspects in the aforementioned judgment or cite any contrary law.
8. Inviewoftheaforesaid,thepresentwritpetitionsaredisposedof
intermsofAmrishSharmaandAvtarSingh(supra),andarrearsbepaidas
per the statement made by the petitioners.
9. A photocopy of this order be placed on the file of connected
cases.
(AMAN CHAUDHARY)
JUDGE
23.04.2024
Hemant
hether speaking/reasoned
W : es / No
Y
Whether reportable : Yes / No
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