BALWINDER SINGH SODHI Vs. STATE OF PUNJAB
LAWS(P&H)-2012-10-496
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 31,2012

Balwinder Singh And Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) The petitioners have approached this Court second time; for different relief; though it is a part of the same chain of events which started with the filing of earlier writ petition bearing CWP No.7807 of 1999. The petitioners, who are 12 in number, are the employees of the Municipal Committee, Makhu. 11 of them were appointed as Clerks and one was appointed as Driver way back in the year 1993-94. However, their appointment, were treated as on daily-wage basis and they were granted daily wages. On the first occasion when the petitioners had earlier filed CWP No.7807 of 1999, their plea was that they be granted salary in the regular pay scale at the minimum of the pay scales plus all allowances and arrears of salary as such for the period of 3 years prior to the filing of the writ petition. This writ petition was allowed by this Court vide judgment dated 14.02.2000. As a result, all these petitioners were put in minimum of the regular pay scales and they are getting salaries in their pay scales.
(2.) However, the respondents continued to treat the petitioners on daily-wage basis. Some time in the year 2001, Municipal Committee passed a resolution, as per which Scheme for regularization of daily-wage employees was issued. We will refer to the details of this Scheme at the appropriate stage.
(3.) To complete the narration of facts, we point out that under this Scheme, many other employees working with the Municipal Committee were regularized and orders were passed in this effect. However, this benefit was not accorded to the petitioners. It is for this reason, petitioners have filed the instant petition in the year 2005 with the following reliefs:- "i) summon the complete records of the case from the respondents and be pleased to peruse the same; ii) issue an appropriate writ, order or direction, thereby commanding the respondent authorities for issuing formal orders of regularizing the services of the petitioners in accordance with the resolution passed by the competent authority on 30.04.2001 (Ref P-3/A) from 01.04.2001 and thereby grant all consequential benefits to the petitioners such as the annual increments and opening of service books, Provident Funds and other fringe benefits etc. which are allowed to the regular employees of the committee; iii) grant arrears of salary on account of filing of this writ petition to the petitioners and such arrears be ordered to be given to the petitioners with interst @ 18% p.a. from the date these benefits became due and payable to them, till the date their payment is made in their favour; iv) suspension of the resolution passed by the Regional Deputy Director (P/7) be ordered to be ignored in view of law laid down by the Division Bench of this Hon'ble Court reported as AIR- 1993-P&H-150; v) the orders passed by the Deputy Commissioner (P/11) be also kindly ordered to be ignored because the annual increments and opening of service book have not been allowed in favour of the daily wage employees whereas the petitioners are regular employees vide resolution P/3-A; vi) grant any other relief/pass any other order as may be deemed fit and proper in the facts and circumstances of the case; vii) dispense with the filing of certified copies of annexures and accept true/translated copies thereof; viii) advance notices to the respondents be dispensed with; ix) costs of the petition be awarded in favour of the petitioners.";


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