Punjab-Haryana High Court
Sushma And Ors vs District Health & Family Welfare ... on 23 January, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:008592
Neutral Citation No.2024:PHHC:008592
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
209-6
Decided on : 23.01.2024
(I) CWP-9979-2017 (O&M)
SUSHMA AND ORS . . .PETITIONERS
Versus
DISTRICT HEALTH & FAMILY WELFARE SOCIETY THR ITS
CHAIRMAN-CUM-DEPUTY COMMISSIONER,
. . . RESPONDENTS
(II) CWP-10413-2017 (O&M)
KAMLESH & ORS . . .PETITIONERS
Versus
DISTRICT HEALTH & FAMILY WELFARE SOCIETY THR
CHAIRMAN CUM DEPUTY COMMISSIONER JIND& ANR
. . . RESPONDENTS
(III) CWP-14968-2017 (O&M)
BEENA SONI AND ORS . . .PETITIONERS
Versus
DISTRICT HEALTH & FAMILY WELFARE SOCIETY THR ITS
CHAIRMAN-CUM-DEPUTY COMMISSIONER AND ANR
. . . RESPONDENTS
(IV) CWP-19889-2017 (O&M)
RAMPATI AND ORS . . .PETITIONERS
Versus
DISTRICT HEALTH & FAMILY WELFARE SOCIETY THR ITS
CHAIRMAN-CUM-DEPUTY COMMISSIONER HISAR
. . . RESPONDENTS
(V) CWP-20247-2013 (O&M)
GEETA RAM . . .PETITIONER
Versus
STATE OF HARYANA AND ORS.
. . . RESPONDENTS
(VI) CWP-28221-2017 (O&M)
MEHMA DEVI . . .PETITIONER
Versus
DISTRICT HEALTH AND FAMILY WELFARE SOCIETY AND ANR
. . . RESPONDENTS
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Neutral Citation No:=2024:PHHC:008592
CWP-9979-2017 (O&M) and connected cases
-2- 2024:PHHC:008592
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
PRESENT: Mr. R. K. Malik, Senior Advocate with
Mr. Sandeep Dhull, Advocate
for the petitioners.
Mr. Laxman Chaudhary, Advocate for
Mr. R. R. Kaushik, Advocate
for the petitioners in CWP-28221-2017.
Mr. Harish Rathee, Sr. DAG, Haryana.
****
HARSIMRAN SINGH SETHI , J. (Oral)
1. By this common order, above mentioned writ petitions are being
disposed of as all the writ petitions involve the same question of law on
similar facts.
2. Learned counsel for the petitioners submits that in the present
petition, the claim of the petitioners is that the petitioners have not been paid
the minimum pay of the regular pay-scale alongwith other allowances
keeping in view the judgment passed by the Hon'ble Supreme Court of India
in State of Punjab & others v. Jagjit Singh, 2016 (4) SCT 641, which is
causing prejudice to the petitioners.
3. Learned counsel for the respondents on the other hand submits
that the petitioners have been appointed under the State Health Mission
Scheme and they are being paid as per the provisions of the said Scheme.
4. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
5. Once, as per the judgment of the Hon'ble Supreme Court of
India in Jagjit Singh's case (Supra), an employee is entitled for minimum
regular pay-scale for the post in question and the said judgment has already
been adopted by the respondent-State while issuing the instructions dated 03.
11.2017, the respondents are under obligation to consider the claim of the
petitioners under the said instructions for the grant of entitled pay and pass an
appropriate order as to why, keeping in view the said instructions dated
03.11.2017, the petitioners who are discharging the duties on the post on
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Neutral Citation No:=2024:PHHC:008592
CWP-9979-2017 (O&M) and connected cases
-3- 2024:PHHC:008592
which post incumbents are working on regular basis with the respondents-
State, petitioners are not entitled for the grant of minimum of regular pay-
scale.
6. Let the respondents pass an appropriate order on the
consideration of the claim of the petitioners within a period of eight weeks
from the receipt of copy of this order under the instructions dated 03.11.2017
and in case, the petitioners are found entitled for the grant of the minimum
regular pay-scale, the same be extended to them, otherwise, due reasons for
not granting the said benefits to the petitioners be mentioned in the speaking
order, for information and further consideration of the petitioners.
7. Present petitions are disposed of in above terms.
8. Civil miscellaneous application pending, if any, is also disposed
of.
9. A photocopy of this order be placed on the files of connected
cases.
(HARSIMRAN SINGH SETHI)
JUDGE
23.01.2024
Riya
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
Neutral Citation No:=2024:PHHC:008592
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