WPSS/3145/2018
2023 Latest Caselaw 3131 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                  COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS 3145/2018
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Rajendra Dobhal, Senior Advocate, for the petitioner.

Dr. Kartikey Hari Gupta, Advocate, for the respondents.

(2) According to petitioner, on 4.10.1999, she was appointed as Chowkidar on fixed wages of ₹1400/- per month in the girls hostel of HNB Garhwal University, Srinagar, which was a State University at the relevant point of time. Petitioner's services were terminated w.e.f. 11.1.2001. She challenged her termination before Labour Court. During pendency of the matter before Labour Court, HNB Garhwal University became a Central University. Consequently, proceedings were dropped by the Labour Court and petitioner thereafter approached CGIT-cum-Labour Court, Delhi, which decided the reference in favour of petitioner and directed for her reinstatement with full back wages. In terms of the award of CGIT-cum-Labour Court, petitioner was reinstated w.e.f. 27.3.2018.

(3) In this writ petition, petitioner has raised the grievance that she is being paid only ₹10,700/- per month as wages from the date of her reinstatement, while other persons serving as Chowkidar on regular basis are being paid salary in the pay band of ₹5200-20,200 with Grade Pay of ₹1800. Thus petitioner contends that she is also entitled to the same salary as is being paid to her regular counterpart serving as Chowkidar.

(4) Learned Senior Counsel appearing for the petitioner has placed reliance on a judgment rendered in the case of State of Punjab & Others v. Jagjit Singh & Others, (2017) 1 SCC 148 and submits that petitioner had repeatedly made representations to the competent authority in the University, however, no decision has been taken in the matter so far. Learned Senior Counsel further submits that other daily wage employees have been granted benefit of minimum of pay scale while taking decision on their representations.

(5) Learned Counsel appearing for the University submits that it is yet to be ascertained as to whether the duties performed by petitioner are similar to those performed by regular Chowkidars. Learned Counsel, however, assures the Court that if petitioner's representation is still pending, decision on the same shall be taken expeditiously.

(6)       Be that as it may, since
petitioner     has     submitted     her

representation on 8.8.2018, therefore, the Court thinks that the ends of justice will be met if the competent authority is directed to consider and decide the same.

(7) Accordingly, writ petition is disposed of with direction to Registrar, HNB Garhwal University, Srinagar to take decision on petitioner's representation dated 8.8.2018 as early as possible, but not later than eight weeks from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 13.10.2023 Pr