The bench directed authorities to treat the writ petition as a representation for grant of minimum regular pay scale to Haryana Roadways Group-C staff, granting four months for consideration based on a prior Division Bench decision.
Petition treated as representation for claim of regular pay scale; grant within four months if entitled.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.11910 of 2013 Date of Decision : May 28, 2013
Devender Kumar and others
.....Petitioners
versus
State of Haryana and others
.....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.Ramesh Malik, Advocate, for the petitioners. Mr.R.D.Sharma, DAG, Haryana.
-.-
Surya Kant, J. (Oral)
Notice of motion.
Mr.R.D.Sharma, learned Deputy Advocate General,
Haryana, accepts notice on behalf of the respondents.
Let three copies of the writ petition be supplied to learned State counsel during the course of day failing which the order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.
In view of the nature of order which we propose to pass, there is no necessity to seek any counter-reply from the respondents at this stage.
The petitioners while questioning the vires of Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules, 2003 dated 4.8.2003 (Annexure P-1); Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules 2004 dated 18.3.2004
CWP No.11910 of 2013
[2]
(Annexure P-2) and Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules, 2011 dated 3.3.2011 (Annexure P-3), seek a direction to the respondents to grant them minimum regular pay scale meant for the post of Conductors/Drivers. In this regard, they rely upon a Division Bench decision of this Court dated 1.4.2013 passed in a bunch of writ petitions including CWP No.22516 of 2012 (Mohinder Singh and others versus State of Haryana and others) (Annexure P-4).
Having heard learned counsel for the parties, we deem it appropriate to dispose of this writ petition with a direction to the respondents to treat this petition as a representation on behalf of the petitioners and consider their claim in the light of the Division Bench decision of this Court in Mohinder Singh and others' case (supra). In case the petitioners are found entitled to the claimed benefit(s), they shall be granted the same within a period of four months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
(SURYA KANT) JUDGE $ May 28, 2013 (R.P.NAGRATH) Mohinder JUDGE
1 issue framed by the court
Whether the petitioners are entitled to minimum regular pay scale meant for the post of Conductors/Drivers.
Colour shows how this judgement treated each authority
Mohinder Singh and others versus State of Haryana and othersRelied on¶24
CWP No.22516 of 2012 (Mohinder Singh and others versus State of Haryana and others)
Devender Kumar and others
State of Haryana and others
Surya Kant
R.P. Nagrath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
