Disposed

Phuman Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC26 Apr 2014CWP/17396/2008

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AI extract

What is this about?

The High Court of Punjab and Haryana disposed of a writ petition seeking equal pay for equal work. The Division Bench in a prior related case held that Chowkidars are entitled to a minimum pay scale with allowances. The Court affirmed the prior decision and dismissed the petition, confining relief to three years preceding the filing but excluding regularization of daily wage employees.

What did the court decide?

Petitioners entitled to minimum pay scale and allowances for the forest period preceding the filing of writ petitions; regularization of daily wage employees excluded.

Phuman Singh and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2014)

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CWP No. 17396 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 17396 of 2008 Date of decision: 26.04.2014

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Phuman Singh and others

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...Petitioner(s)

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Versus

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State of Punjab and another

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

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Present: Ms. Anju Arora, Advocate, for the petitioners.

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Mr. Nilesh Bhardwaj, DAG, Punjab.

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G.S.SANDHAWALIA, J. (Oral)

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The present writ petition was ordered to be heard alongwith

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LPA No. 466 of 2009, State of Punjab and others vs. Jeevan Singh and

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others. The issue before the Division Bench was whether the petitioners who are working as Chowkidars are entitled to minimum of pay scale which is admissible to a regularly employed Chowkidar. The appeal filed by the State of Punjab was dismissed on 30.08.2010, in which the lead case was State of Punjab and others vs. Rajinder Kumar and others . The relevant portion of the order reads thus:-

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“ 14. As a sequel to the above discussion, order dated 20.11.2002 passed by the learned Single Judge, which is subject matter of challenge in LPA Nos. 172 of 2003 and 10 of 2004, is hereby set aside. The view expressed by another learned Single Judge in orders dated 22.9.2008, 4.2.2009, 31.10.2008, 9.7.2009 and 24.7.2009 is affirmed. Accordingly, all the appeals filed

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Gupta Shivani 2014.04.29 14:39 I attest to the accuracy and integrity of this document Chandigarh

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CWP No. 17396 of 2008

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by the State of Punjab are hereby dismissed. The petitioners shall be entitled to minimum of the pay scale of the categories to which they belong with all allowances as revised from time to time. However, the relief shall be confined to three years preceding the filing of the respective writ petitions.”

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However, the relief of regularization of daily wage employees

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was not pressed by counsel for the petitioners. The relief prayed for in the present case is also to grant equal pay for equal work in the minimum of pay scales which is given to Beldar in the Forest Department, Punjab.

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Accordingly, the present writ petition is also disposed of in the same terms as in State of Punjab and others vs. Rajinder Kumar's case (supra).

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26.04.2014 shivani

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(G.S. SANDHAWALIA) JUDGE

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Gupta Shivani 2014.04.29 14:39 I attest to the accuracy and integrity of this document Chandigarh

Phuman Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

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Phuman Singh and Ors. v. State of Punjab and Ors.

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