Shamsher Singh And ORS v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20113-2021 Date of decision: 04.10.2021 Shamsher Singh and ors

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Sarthak Singhal, Advocate for Mr.Ravinder Malik (Ravi), Advocate, for the petitioners.

Mr. Saurabh Mohunta, DAG, Haryana (Presence marked through video conference).

*** ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing the respondents to pay them minimum of the pay scale of Class-IV posts being manned by them on the principle of "equal pay for equal work".

2.

Learned counsel for the petitioners submits that similarly situated employees approached this Court vide CWP No.13201 of 2019 in which notice of motion has been issued for 09.12.2021. He relies on Instructions dated 03.11.2017 issued by Government of Haryana contained at Annexure P-5.

3.

Learned counsel for the petitioners submits that qua their grievance, petitioners caused issuance of a legal notice dated 18.11.2020 (Annexure P-6), the same has not been adverted by the respondents till date. Hence, the instant petition.

4.

Notice of motion.

VANDANA 2021.10.04 17:46 I attest to the accuracy and integrity of this document

5.

On advance service, learned State counsel joins proceedings and accepts notice on behalf of the respondent-State of Haryana and seeks time to file reply.

6.

At this stage, learned counsel for the petitioners submits that let a final decision be taken, by the competent authority on the pending legal notice dated 18.11.2020 (Annexure P-6).

7.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

8.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioners as per legal notice dated 18.11.2020 (Annexure P6) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

9.

Let the needful be done as expeditiously as possible, but not later than 06 months from today. In case, favourable order is passed then benefit thereof be accorded to the petitioners within a period of 60 days thereafter.

10.

Disposed of accordingly.

04.10.2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2021.10.04 17:46 I attest to the accuracy and integrity of this document