Ritu Bahri, J. - (1.) - The petitioners are seeking quashing of the letter dated 14.07.2011 (Annexure P-6), vide which their pay has been calculated @ Rs. 1000/- per month w.e.f. 01.08.2010 to 31.03.2011 and Rs. 2000/- per month w.e.f. 01.04.2011 and letter dated 17.03.2011 (Annexure P-7), vide which, their minimum wages have been fixed at Rs. 2000/- per month.
(2.) The petitioners have been engaged by different Gram Panchayats as Pump Operators. The Sub Divisional Engineer, Public Health Engineering, Sub Division No. 1, Karnal issued a letter dated 04.11.2009 (Annexure P-3) to different Panchayats stating therein that powers regarding drinking water supply schemes were to be handed over to the Panchayati Raj Institutions. Pursuant to the said letter, the petitioners were appointed by different Gram Panchayats as Pump Operators. They were duly qualified as per the guidelines issued on 09.07.2009 (Annexure P-1), which are as under:- (i) PHED would pay monthly amount of Rs. 7000/- to Gram Panchayat for single village single tubewell scheme and Rs. 10,000/- for single village two tubewells scheme. This amount would includes payment of salary of staff, maintenance of tubewell as well as maintenance of the distribution system. (ii) The operator to be engaged would preferably be ITI qualified and preference should be given to the Trades as per qualifications of PHED Rules. In case ITI qualified operator is not available, the candidate should at least have 10+2 qualification with Science stream. The operator to be engaged should preferably belong to the same village and in case suitable candidate is not available, the same may be engaged from an adjoining (nearby) village.
(3.) As per Annexure P-1, Rs. 7,000/- per month is to be given to a village with one tubewell and Rs. 10,000/- per month to village with two tubewells. Later on, State of Haryana took a decision and declared Karnal City area as Municipal Corporation. About 15 villages were proposed to be included in the Municipal Corporation, Karnal. The petitioners were paid their salaries/wages from 16.12.2009 to 30.09.2010 by the Municipal Corporation, Karnal and thereafter, their salaries were drawn from the Public Health Department. However, for the last about one year, neither the Municipal Corporation, Karnal nor the Public Health Department paid the monthly salaries of the petitioners. The petitioners served a legal notice dated 27.05.2011 (Annexure P-5) upon the respondents calling them to make payment of arrears of their salaries, whereupon, they sent a reply dated 14.07.2011 (Annexure P-6) stating that due to formation of Municipal Corporation, Karnal w.e.f. 17.03.2010, there are some difficulties in making payment to the petitioners.;