Punjab-Haryana High Court
Harpreet Singh And Others vs State Of Punjab And Another on 13 March, 2024
Neutral Citation No:=2024:PHHC:035758
CWP-5903-2024 (O&M) 2024:PHHC:035758
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
135
CWP-5903-2024 (O&M)
Date of decision: 13.03.2024
Harpreet Singh and Others
....Petitioners
Versus
State of Punjab and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Kapil Kakkar, Advocate for the petitioners
*****
AMAN CHAUDHARY. J.
1. The present Civil Writ Petition has been filed under Articles 226/227
of the Constitution of India for issuance of a writ in the nature of mandamus
directing the respondents to grant the minimum of the pay scale from the date of
their initial appointment.
2. Learned counsel submits that the petitioners, who were working as
Masters and Mistress, have not been granted minimum of pay scale from the date
of initial appointment till the date of regularisation and have been paid a meagre
consolidated salary of Rs.6,500/- per month only, which is even less than from the
D.C. Rates, which are paid to unskilled labourer, despite the law laid down by
Hon'ble the Supreme Court in State of Punjab vs. Jagjit Singh, 2016 (4) SCT
641. Reference is also made to the judgments passed by this Court in Harvinder
Singh and Others vs. State of Punjab and Others in CWP-2031-2016, decided
on 21.01.2020, Annexure P-8, whereafter the LPA-29-2021 and other connected
cases filed by the State were dismissed and it was implemented vide order dated
29.11.2023, Annexure P-10 and in another case, also they have implemented vide
order dated 31.01.2024. In Baljinder Kumar and Others vs. State of Punjab
and Another in CWP-12583-2020, decided on 07.02.2024, this Court disposed of
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Neutral Citation No:=2024:PHHC:035758
CWP-5903-2024 (O&M) 2024:PHHC:035758
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the petition, in view of the aforesaid judgments by observing in para No.9 that
terming their appointment as contractual, was infact a misnomer and incorporation
of an exploitory condition, was deprecated. In this regard, a legal notice dated
15.12.2023, Annexure P-12, has been served upon respondents, which has yet not
evoked any response. He thus, at this stage, on instructions, submits that the
petitioners are sanguine of it being considered in a positive manner, in case, a
direction is given to the respondents to decide the same in a time bound manner by
granting them an opportunity of hearing.
3. Notice of motion.
4. At the asking of the Court, Mr. Gagneshwar Walia, Addl. AG, Punjab
accepts notice on behalf of the respondent-State and has no objection to the
limited prayer made.
5. In view of the aforesaid and without commenting upon the merits of
the case, this petition is hereby disposed of with a direction to respondents to
consider and decide the legal notice dated 15.12.2023, Annexure P-12, taking note
of the aforesaid judgments in the cases of Jagjit Singh (supra), Harvinder Singh
and Others (supra) and Baljinder Kumar and Others (supra) within a period of
4 months and if found entitled, necessary benefits be granted to the petitioners
forthwith.
(AMAN CHAUDHARY)
JUDGE
13.03.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2024:PHHC:035758
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