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High Court of Punjab and HaryanaCWP/1334/2017disposed of

Partap Singh And ORS. v. State Of Haryana And ORS.

2017-08-10Mr. Justice Gurmeet Singh Sandhawalia3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.M. No. 10885-CWP of 2017 in/and Date of decision: 10.08.2017 Partap Singh and others ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Vikas Kuthiala, Advocate, for the petitioners.

Mr. Harish Rathee, Sr. DAG, Haryana.

Mr. Sandeep Moudgil, Advocate, for the applicant-respondents no. 2 and 3.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 10885-CWP of 2017 Application for placing on record affidavit alongwith Annexure R-1on behalf of respondents no. 2 and 3 is allowed, subject to all just exceptions.

The same are taken on record.

A perusal of Annexure R-1 would go on to show that the petitioners have been paid the arrears to the tune of Rs.1,26,744/- each vide cheques dated 24.03.2017.

Counsel for the petitioner, thus, submits that he is satisfied to the extent that the arrears of difference of wages actually paid by the respondent-Board as per D.C. Rates have been paid. He, however, submits that the issue of payment of equal pay for equal work as paid to regular employees holding the same post in view of the judgment in State of Punjab and others vs. Jagjit Singh and others, 2016 (4) SCT 641 remains unredressed. Counsel could not point out any representation filed on this account to the respondents whereby the claim of mandamus is sought.

In such circumstances, without a demand having been raised, this Court is of the opinion that firstly liberty should be given to approach the respondents for the necessary relief.

Accordingly, the petition is disposed of as having been rendered infructuous with the abovesaid liberty. 10.08.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No