Bhavpreet Singh And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-24849-2021 Date of decision : December 07, 2021 Bhavpreet Singh and others .....Petitioner

Versus

State of Haryana and others ....Respondents CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present:

Mr. R.S. Manhas, Advocate for the petitioners. Ms. Kirti Singh, DAG, Haryana.

*** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.

Petitioners, who are serving as Data Entry Operator-cum-Clerk in the office of Block Resource Coordinator, are aggrieved of the respondents not taking action in re-designating their posts by removing the word 'Clerk' as it is alleged that Clerks are having lower cadre and qualifications with no technical qualification. Petitioners' claim that they are entitled to higher grade of pay than Accounts Clerk, who were re-designated as Accounts Assistant in 2013 and their pay scales were also upgraded. It is submitted that petitioners were appointed in 2004 pursuant to advertisement issued for the post of Data Entry Operator. Posts of Assistants and Accounts Clerks were also advertised alongwith. Qualifications for these posts, it is submitted, were different. Pay scale of Assistant and Data Entry Operator, it is stated, was similar with that of Account Clerk being lower as requisite qualification was also lower. However, an anomaly is stated to have RITU SHARMA 2021.12.09 16:03

CWP-24849-2021 -2been created with re-designation of Accounts Clerks as Accounts Assistant in 2013 with higher pay scales being granted to them. Petitioners, it is submitted, have been representing to the authorities regularly for removal of the anomaly but to no avail. It is further submitted that requests of number of other employees for re-designation on different posts have been accepted, inasmuch as Assistant Manager has been re-designated as Information-cum-Office Library Manager with increase in salary whereas no action is being taken on the representations submitted by the petitioners. Last representation, it is stated, was submitted on 15.12.2020 (Annexure P12).

At this stage, learned counsel for the petitioners restricts the prayer for a decision on representation dated 15.12.2020 (Annexure P12), submitted by the petitioners, in a time bound manner.

Notice of motion.

Ms. Kirti Singh, DAG, Haryana accepts notice on behalf of the respondents. Advance copy of writ petition stands supplied. Learned counsel for the respondents does not raise objection to the restricted prayer. Keeping in view the limited prayer addressed, facts and circumstances of the case but without expressing any opinion on the merits thereof, this writ petition is disposed of with a direction to the competent authority, to decide representation dated 15.12.2020 (Annexure P12) by passing a speaking order, within four months from the date of receipt of certified copy of this order.

(LISA GILL) December 07, 2021 JUDGE rts Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No