Lakha Masih And Ors vs The Punjab State Civil Supplies ...
2024 Latest Caselaw 20620 P&H

Punjab-Haryana High Court

Lakha Masih And Ors vs The Punjab State Civil Supplies ... on 20 November, 2024

                                 Neutral Citation No:=2024:PHHC:151570



CWP No.27074 of 2023 (O&M)                                               1




      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

251
                                         CWP No.27074 of 2023 (O&M)
                                           Date of decision: 20.11.2024

Lakha Masih and others
                                                             ....Petitioners
                                Versus
The Punjab State Civil Supplies Corporation Limited and others

                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:    Mr. Amarjit Singh, Advocate
            for the petitioners.

            Mr. Shubham Thakur, Advocate
            for the respondents.

NAMIT KUMAR J. (Oral)

1. The present petition has been filed by the petitioner under

Articles 226/227 of the Constitution of India, seeking a writ of

mandamus, directing respondent No.1 to release the benefit of minimum

of the regular pay scale of Chowkidars without any allowances to the

petitioners, who are working on daily wages Chowkidar continuously

for the last 15 to 27 years without break, as has been given to similar

situated daily wage Chowkidars of Ferozepur and Fazilka District as per

Annexure P-2 dated 10/11.09.2014, Annexure P-3 dated 03.08.2023 and

Annexure P-5 dated 13/19.09.2023. Further a writ of certiorari has been

sought for quashing the Annexure P-8 dated 26.10.2023, with the

directions to the respondents to allow the same benefit to the petitioners

as per Annexure P-2 dated 10/11.09.2014.

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Neutral Citation No:=2024:PHHC:151570

2. Learned counsel for the petitioners submits that the present

case is squarely covered by the judgment of Hon'ble Supreme Court in

State of Punjab and others Vs. Jagjit Singh : 2016 (4) S.C.T. 641. He

further submits that the respondent-Corporation has also issued circulars

dated 03.08.2023 and 13.09.2023 for grant of minimum regular pay

scale to the daily wagers.

3. The abovesaid legal position has not been disputed by

learned counsel for the respondents who also submit that the claim of

the petitioners shall be considered in the light of the abovesaid judgment

and circulars.

4. In this view of the matter, the respondents are directed to

consider and decide the claim of the petitioners within a period of three

months from the date of receipt of certified copy of this order and if the

petitioners are found entitled, necessary benefits in terms of the

judgment passed in Jagjit Singh's case (supra) and circulars dated

03.08.2023 and 13.09.2023, issued by PUNSUP shall be released to the

petitioners.

5. The petition stands disposed of in the above terms.

                                                (NAMIT KUMAR)
                                                    JUDGE
20.11.2024
yakub



               Whether speaking/reasoned:                Yes/No

               Whether reportable:                       Yes/No



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