Santosh Dahiya v. State Of Haryana & ORS

CWP No. 2290 and 11160 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 1.

CWP No. 2290 of 2016 Santosh Dahiya ......Petitioner versus State of Haryana and ors.

...Respondents

2.

CWP No. 11160 of 2016 Pinki Sharma ......Petitioner versus State of Haryana and ors.

...Respondents

Date of decision : 02.11.2018

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Saurabh Bajaj, Advocate for the petitioner in both cases.

Mr. Kiran Pal Singh, A.A.G. Haryana Mr. Karan Bhardwaj, Advocate for respondent Nos. 3 and 4 in CWP No. 2290-2016 Mr. P.K. Mutneja, Advocate for respondent Nos. 3 in CWP NO. 11160-2016 **** RITU BAHRI , J. (Oral) This order shall dispose of the above two petitions whereby prayer is for issuance of direction to the respondents to grant the similar pay scale as granted to other similar situated employees.

A Division Bench of this Court in Management of S.D. ModelSenior Secondary School & another vs. District Judge-cum-Service Tribunal & another, CR No.4315 of 2012 (decided on 27.11.2013), has held that as per directions issued by the Hon'ble Supreme Court, Education Tribunals have since been constituted. It has been further observed that vide notifications dated Gaurav Arora 2018.11.03 13:37 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 2290 and 11160 of 2016 28.05.2008 and 07.05.2013, powers of Education Tribunals have been given to the District & Sessions Judges in the State of Haryana, to hear appeals of the employees of aided/unaided Medical/Dental/Ayurvedic/Homeopathic/ Educational Institutions against the decision of Management within their jurisdiction.

In the present case, it is not in dispute that the petitioner was appointed as Part time Clerk and were working in the affiliated Colleges and this issue can be examined by the Education Tribunal, Rohtak, as the petitioners were employee of the colleges and their grievances is against the Management. In view of the above factual position, the present petition stands disposed of and the Education Tribunal, Rohtak shall examine and decide the matter in accordance with law.

November 02, 2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.11.03 13:37 I attest to the accuracy and integrity of this document Chandigarh