Punjab-Haryana High Court

Manisha Verma vs State Of Haryana And Others on 3 May, 2024

CWP-18128-2018 1
2024:PHHC:061307

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Sr. No.203 CWP-18128-2018
Date of Decision: 03.05.2024

Manisha Verma .... Petitioner
Versus

The State of Haryana and others ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHITYA

Present: Mr. Shivam Malik, Advocate for
Mr. Jagbir Malik, Advocate for the petitioner.

Mr. Rohit Arya, DAG Haryana.
3 2 2

TRIBHUVAN DAHIYA, J. (ORAL)

Learned counsel for the petitioner contends that the petitioner approached this Court primarily for twin reliefs; firstly, to grant minimum of pay scale meant for the post of Junior Physiotherapist on which she has been working on contract basis; secondly, to give salary for the period 06.02.2018 to 25.07.2018, for which she continued working despite expiry of the contract on 05.02.2018.

2. Learned counsel for the petitioner does not dispute that the claimed relief of minimum of pay scale stands granted to the petitioner with effect from 01.11.2017, in terms of the office order, dated 30.10.2018, Annexure R-5. The order has been passed in compliance of instructions, dated 03.11.2017, Annexure R-4. He, however, contends that the petitioner is entitled to minimum of pay scale with effect from the date of judgment rendered by the Supreme Court in Civil Appeal No.213 of 2013 titled State

of Punjab and others v. Jagjit Singh and others, i.e., 26.10.2016.

CWP-18128-2018 2 2024:PHHC:061307

3. The minimum of pay scale has been given in terms of instructions, dated 03.11.2017, which have been issued by the government following the law laid down in Jagjit Singh case (supra). Since the instructions are not under challenge, the benefit cannot be claimed from any date prior to the one stipulated therein.

4. So far as the second relief is concerned, learned State counsel is not in a position to dispute that the petitioner actually worked during this period.

5. Accordingly, the second prayer is accepted and the respondents are directed to release the due remuneration/salary of the petitioner for the period 06.02.2018 to 25.07.2018, with interest at the rate of six per cent per annum from the date it became due till the date of actual payment. The directions are to be carried out within a period of four weeks of receiving a

certified copy of the order.

6. Petition stands disposed of in the aforesaid terms. (TRIBHUVAN DAHTYA) JUDGE 03.05.2024 Maninder Whether speaking/reasoned__:: Yes/No

Whether reportable : Yes/No