Punjab-Haryana High Court
Staet Of Haryana vs Rakesh Kumar on 6 May, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:062606
RSA-843-1999
1999 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
219 RSA-843-1999 (O&M)
Date of Decision:06.05.2024
The State of Haryana and others
.... Appellants
Vs
Rakesh Kumar
..... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Sharad Aggarwal, DAG, Haryana.
None for the respondent.
***
SUVIR SEHGAL, J. (ORAL)
1. Defendants are in second appeal before this Court,
challenging the concurrent finding recorded by both the courts below.
2. Pleaded case of the plaintiff
plaintiff-respondent is that he was
working on
n Class IV post on daily-wage
daily wage since January, 1988. He averred
that he completed five years of service on 31.03.1993 and in view of the
instructions dated 27.05.1993, issued by the Government of Haryana
Haryana, he
was entitled to be regularized in service. Names of 76 daily wagers were
recommended for regularization. However, his nname was not forwarded.
He served a notice under Section 80 CPC and was not permitted to join
duties w.e.f. 02.07.1993. He filed a suit for declaration for directing the
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Neutral Citation No:=2024:PHHC:062606
RSA-843-1999
1999 (O&M) -2-
defendants to regularize him as Beldar and for declaration to the effect
that the action
acti of the defendants, whereby he has not been permitted to
join duty, is illegal.
3. Upon notice, suit was contested by the defendant
defendants by filing a
written statement wherein, preliminary objections were raised. It was
submitted that his services have been regularized w.e.f. 001.04.1993 and
plaintiff has refused to perform his duty and has remained absent. No
replication was filed by the plaintiff.
4. On the basis of the pleadings of the parties, issues were
framed. By judgment dated 03.12.1997, trial Court passed a decree
directing the defendants
defendant to allow the plaintiff to resume duty and to
release the arrears of salary. A direction was also issued to plaintiff to
work as Beldar and defendants
defendant were given liberty to take action against
the plaintiff if he refuses to perform his duties. Defendant
Defendants remained
unsuccessful in the first appeal, which was dismissed by the learned
Additional District Judge, Sirsa vide judgment dated 10.02.1998,
resulting in the institution of the present appeal.
5. By referring to the evidence on record, State counsel has
argued that the plaintiff had remained absent from duty and was not
entitled to the arrears of salary.
6. I have heard Statee counsel and considered his submissions
besides examining the record with
with his able assistance.
7. A specific stand has been taken by the defendant
defendants that the
plaintiff is not reporting on duty w.e.f 03.07.1993. A show cause notice
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RSA-843-1999
1999 (O&M) -3-
dated 07.07.1993, Ex. P-8
P was issued to the plaintiff to explain his
absence.. It was mentioned in
in the notice that when he was assigned duty
during day hours, he refused to do physical work and when he was given
night duty, he was found to be sleeping.. It was further mentioned that he
had declined the duty of the bill distribution on the pretext that he was
not educated and that he has not been reporting for duty thereafter.
Plaintiff submitted a reply to this notice and the defendant
defendants did not take
any further action,
action but this does not lead to the assumption that the
respondent was regularly discharging
discharging the duties. A perusal of some other
documents on
o record, although they are not exhibited, also show that the
plaintiff had
d been absent from duty.
8. In the above background, this Court is of the view that the
decree passed by the trial Court granting arrears of salary to him is
erroneous. The Supreme Court in Commissioner, Karnataka Housing
Board v. C.Muddaiah (2007)7 SCC 689, has held that even in the absence
of statutory provision,
provi the normal rule is "No work no pay". Apex Court
has observed that in appropriate cases court of law may take into account
all the facts in their entirety and pass an appropriate or
order in consonance
with law.. Facts established
established on the record clearly show that plaintiff had
been
een remiss and was not attending his duties. Therefore, the decree
passed by the courts below granting arrears of salary to the plaintiff
deserves to be set aside.
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RSA-843-1999
1999 (O&M) -4-
9. Judgment and decree passed by the courts below granting
arrears of salary to the plaintiff-respondent
respondent is set aside to this limited
extent.
10. Appeal is disposed of.
( SUVIR SEHGAL )
06.05.2024 JUDGE
pooja saini
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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