The petitioner-peons challenged their classification, asserting they are appointed as Peons but directed to perform Chowkidar duties. The single judge court found the petition had no merit and dismissed it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 2031 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 2031 of 2010 Date of decision: 5.2.2010
Pale Ram and others
.........Petitioners
vs
State of Haryana and others
.......Respondents
CORAM: - HON'BLE MR. JUSTICE PERMOD KOHLI
Present: - Mr. S.K.Bhardwaj, Advocate for the petitioners
Mr. R.S. Kundu, Addl. AG, Haryana for the respondents
PERMOD KOHLI, J (ORAL)
Notice of motion.
Mr. Kundu, Addl. AG, Haryana accepts notice on behalf of respondents.
The prayer of the petitioners is that they were appointed as Peon on regular basis and on daily wages basis on various dates i.e. 1989 and onwards. Details of their appointment/posting are mentioned in Annexure P-I but they are being asked to perform the duties of Chowkidar.
Learned counsel for the petitioners has referred to Annexure P-2 which is an appointment letter of Pale Ram s/o Jai Kishan-petitioner No. 1. He has been appointed as Peon in the grade of 2550-3200 at the Industrial Training Institute (W) Jind. It is stated that number of persons who were appointed as Peons are not being
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CWP No. 2031 of 2010
deputed as Chowkidars whereas the petitioners have been asked to perform the duties of Chowkidars. The petitioners have also placed on record a letter dated 1.5.2008 (Annexure P-3) from the Financial Commissinoer & Principal Secretary to Govt. Haryana Industrial Training & Vocational Education Department. Vide the aforesaid letter, the norms to be adopted for Ministerial Post (Field) were redesignated to the posts of Peon-cum-Chowkidar.
In view of the above statements and as per Annexure P-7 in which it is already admitted that the petitioners are performing the duties from 4.P.M. To 12.P.M. i.e. 8 hours duty which is performed by every Government servant. It is not that the petitioners are asked to perform both the duties i.e. Peon and Chowkidar. He has been asked to work only on the post of Chowkidar.
No merit.
Writ Petition dismissed.
(PERMOD KOHLI) JUDGE
February 5, 2010 preeti
2 issues framed by the court
Whether petitioners appointed as Peons can claim classification and pay as Chowkidars when directed to perform Chowkidar duties.
Whether redesignation of posts to Peon-cum-Chowkidar affects the petitioners' existing peon classification.
Pale Ram and others
State of Haryana and others
PERMOD KOHLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
