AJAY GHAI AND ORS. Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2011-1-374
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 25,2011

Ajay Ghai And Ors. Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

Mahesh Grover, J. - (1.) THE grievance of the Petitioners is that they are working as contractual employees and have been asked to furnish a fresh agreement after the expiry of each term of the contract. Learned Counsel for the Petitioners states that the experience which the Petitioners have acquired as contractual employees should be considered and necessary documentation to that effect be also made.
(2.) RESPONDENTS in their reply have submitted as follows: 2. That it is pertinent to mention here that at the time of appointment the pay of the Petitioner No. 1 was fixed Rs. 8925/ -per month and Rs. 7250 per month of the Petitioners No. 2 to 6. But now all the Petitioners are drawing the new pay i.e. Rs. 12,500/ -as per the order dated 20.8.2009 issued by the Government/Directorate. Therefore, the department is justified in getting executed new agreements with all the Petitioners, if the Petitioners do not want to execute the new agreement as per the policy of the Govt., in that case, they will be entitled to the initial pay according to their previous agreements as aforesaid. That moreover, the Petitioners can take experience certificate from the department for the period from initial contractual joining. The Petitioners' services were purely on contract basis and they signed their agreements with their own free will before joining and at the time of signing of the agreement, the department was not in a dominating position and it is also mentioned in the appointment letters that if the terms and conditions imposed are acceptable to the Petitioners, they can join their duties. The Petitioners raised no objection at that time and signed agreement at their own free will. The department is not relieving the contractual employees and as per policy, the department is executing new agreements as per new outsourcing policy. It is not exploiting the right of the Petitioners in any way and the department fixed the minimum pay Rs. 12,500/ - according to the Govt. policy. 3. In the light of the above submissions, the present writ petition deserves to be dismissed being without any substance and solely on this ground.
(3.) IN view of the aforesaid, the grievance of the Petitioners stands adequately addressed and no further directions are required.;


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