Lakhbir Singh And Another v. State Of Haryana And Others

CWP No.18092 of 2019 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.18092 of 2019 Date of decision:08.07.2019 Lakhbir Singh and another ... Petitioners Vs.

State of Haryan and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. D.R.Sharma, Advocate for the petitioners.

AMIT RAWAL J. (Oral) Prayer in present writ petition is for issuance of writ in the nature of mandamus directing the respondents to grant the petitioners minimum of pay scale alongwith dearness allowance for discharging the duties as Instructor-cum Yoga Trainer and Art & Craft-cum-Music Teacher. The petitioners were engaged by the respondents in 2012 on consolidated salary of Rs.4000/- whereas minimum pay scale of equivalent posts is Rs.9300-34800+GP 4200.

Notice of motion.

On asking of Court, Ms. Shruti Jain Goyal, Deputy Advocate General, Haryana accepts notice on behalf of respondents. Mr. D.R.Sharma, learned counsel for the petitioners relies upon judgment rendered by the Hon'ble Supreme Court in State of Punjab and others vs. Jagjit Singh and others 2016 (4) SCT 641 and in this regard SAVITA KADIAN 2019.07.16 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.18092 of 2019 {2} submitted representation. He further submits that petitioners, at this stage, would be satisfied if a direction is issued to the respondents to consider the and decide representation within some specified time. In view of the statement made by learned counsel for petitioners and without going into the merit of the case or commenting thereon, present writ petition is disposed of with a direction to respondent No.3 to decide the representation to be submitted by the petitioners for claiming equal pay in terms of aforementioned judgment. In case, such representation is made within a period of two weeks and respondent no.3 shall decide the same within a period of two months thereafter.

In case, claim of the petitioners is accepted, consequential benefits, if any, be released to them, in accordance with law and if the claim of the petitioners is not accepted, then a well reasoned and speaking order be passed and conveyed to the petitioners forthwith. In case, representation is not decided within aforementioned specified time, there shall be costs of Rs.50,000/- to be paid by the concerned officer to the petitioners.

(AMIT RAWAL) JUDGE July 08, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.07.16 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh