Punjab-Haryana High Court
Sumer Singh vs State Of Haryana And Others on 26 September, 2024
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Sr. No.: 110
Civil Writ Petition No.20501 of 2024
Date of Decision: September 26, 2024
Sumer Singh
..... PETITIONER(S)
VERSUS
State of Haryana & others
..... RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
PRESENT: - Mr. V.S. Rathee, Advocate, for the petitioner.
Ms. Tanushree Gupta, Deputy Advocate General, Haryana.
Tribhuvan Dahiya, J (Oral)
The petition has been filed, inter alia, seeking a writ of
certiorari, quashing the order, dated 15.05.2024, Annexure P-13, passed by the
second respondent, whereby the petitioner's claim for arrears of wages in terms
of judgment, dated 20.02.2019, passed by the Division Bench in LPA No.1273
of 2018 has been declined.
2. Learned State counsel, on instructions received from the third
respondent-District Elementary Education Officer, vide memo dated 17.09.2024,
contends that the petitioner was appointed as Village Chowkidar on 15.05.2007.
He was only given additional charge to look after the security of Edusat
equipment installed in GPS Nirthan, Sonipat, and had been paid honorarium of
` 1,000 per month for the additional duty. The Division Bench order is with
respect to those Chowkidars who have been held entitled to wages equivalent to
that of Village/Revenue Chowkidars, and the petitioner is not entitled to the
same.
3. The instructions are to the following effect:
3. That in compliance of above said orders it is submitted that
on perusal of the relevant records and facts it has been found
that the claimant was appointed as village Chowkidar and on
15.05.2007 he was given additional charge to look after the
security of Edusat equipment installed in GPS Nirthan, Sonipat.
The said charge was in accordance with memo no. 1444-R-11-
2007/4635 Chandigarh the dated 20.4.2007 issued by the
Financial Commissioner and Principal Secretary to Govt.
Haryana, Revenue and Disaster Management and on payment
of honorarium of Rs. 1000/- p.m.
4. That the petitioner who is Village Chowkidar/Revenue
Chowkidar cannot claim the amount of Rs. 1,43,824/- in terms
of order dated 20.2.2019 passed in LPA No. 1273 of 2018 as the
said orders were applicable on Edusat Chowkidars who were
independently appointed on honorarium of Rs. 1000/- p.m and
the arrears released in pursuance of orders passed in LPA No.
1273 of 2018 were in order to bring parity in wages of Edusat
Chowkidar to that of Village/Revenue Chowkidar. Moreover, in
addition to the wages received from Revenue Department by the
petitioner, the honorarium of Rs. 1000/- per month has also been
paid to him for doing additional duty from 15.5.2007 to
17.12.2017 of securing the Edusat equipments installed in GPS
Nirthan, Sonipat.
4. Since the petitioner was appointed Revenue Chowkidar and had
been paid honorarium for the additional duty/charge to look after the security of
equipment, his claim for arrears in terms of the Division Bench judgment, dated
20.02.2019, is not maintainable.
5. In view thereof, there is no ground to entertain the petition.
6. Dismissed.
(Tribhuvan Dahiya)
Judge
September 26, 2024
avin
Whether Speaking/ Reasoned: Yes/ No
Whether Reportable: Yes/ No
