Uttarakhand High Court

Appellants vs Swajal Karamchari Sangh And Others on 15 May, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                             AND
             HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                              15TH MAY, 2024
            SPECIAL APPEAL No. 295 OF 2022

Secretary (Payjal, Water and Sanitation)
and others
                                                              ...Appellants

                                    Versus

Swajal Karamchari Sangh and others.
                                                           ...Respondents

Counsel for the appellants.          :   Mr. P.C. Bisht, learned Additional
                                         Chief Standing Counsel for the State
                                         of Uttarakhand/ appellants.

Counsel for the respondent nos. 1    :   Mr. M.C. Pant, learned counsel.
& 2.

Counsel for respondent no. 4.        :   Mr. Rajendra Arya, learned counsel
                                         holding brief of Mr. Neeraj Garg,
                                         learned counsel.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The State has come up in appeal against the

judgment passed by the learned Single Judge in Writ

Petition (S/S) No. 612 of 2021 dated 29.09.2021,

whereby the Writ Petition filed by respondent nos. 1

and 2 herein was allowed.

2. Counsel for respondent nos. 1 & 2 has

referred to the chart at Paragraph no. 28, at Page No.

14 of the Writ Petition, where the description of the

monthly salary earlier drawn by the employees; the

reduced salary paid to the employees through UPNL; and the difference of the salary has been reflected.

The said chart is reproduced as under :

Sl. Designation Monthly At Present Difference no. Salary Reduced of Drawn Salary paid substantial Earlier By to the loss of the the petitioners Salary of Petitioners through the UPNL petitioners

1. Field 55123.00 19036.00 36087.00 Assistant

2. Assistant 52699.00 21095.00 31604.00 Programmer

3. Assistant 42635.00 19036.00 23599.00 Accountant

4. Data Entry 47250.00 19036.00 28214.00 Operator

5. Record 40653.00 17217.00 23436.00 Keeper

6. Driver 35653.00 19036.00 16617.00

7. Office 31955.00 19036.00 12959.00 Assistant

8. Runner 28644.00 15059.00 13585.00

9. Multi Task 27275.00 15059.00 12216.00

10. Security 29997.00 17217.00 12780.00 Guard

3. After going through this chart, we are of the

view that the learned Single Judge has rightly passed

the impugned judgment, and allowed the Writ Petition,

keeping in view that the writ petitioners were working

on a regular pay-scale right from 1997, and drastically

in the year 2020, by the Government Order dated

21.08.2020, their salaries could not be reduced. In the

year 2004, they were appointed through outsourcing

agency, and even then their pay-scale was protected.