Jasbir Singh Vs State of Haryana and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

Jasbir Singh Vs State of Haryana and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.3-Superintending Engineer, Public Health Engineering Department, Ambala Circle, Ambala, to treat the writ petition as a representation and pass a fresh order on the petitioner's claim for grant of technical pay scale in light of the judgment dated 25.03.2025 in Sarbans Singh and others (supra).

Issue for consideration

Whether the petitioner — who asserts he performed the duties of Water Pump Operator since March 1989, whose services were regularized in Group 'D' as Pump-Attendant w.e.f. 01.02.1996, and who acquired Matric with ITI in 2003 — is entitled to the technical pay scale of Rs. 1200-2040 under the Haryana Public Works Department, Public Health Branch, Circle Cadre Mechanical (Group-D) Service Rules, 1995.

Court's answer

The present writ petition is disposed of with a direction to respondent No.3-Superintending Engineer, Public Health Engineering Department, Ambala Circle, Ambala, to treat the instant writ petition as a representation and to pass a fresh order with respect to the claim of the petitioner for grant of a technical pay scale.

Ratio / Principle

The fresh order on the petitioner's claim for grant of technical pay scale is to be passed in light of the judgment dated 25.03.2025 in Sarbans Singh and others (supra); this Court did not itself adjudicate the entitlement on merits.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Vinod S. Bhardwaj, J., oral) disposed of CWP-12705-2013 (Jasbir Singh v. State of Haryana). The petitioner had challenged the order dated 29.12.2011 of the Superintending Engineer, Public Health Engineering Department, Ambala, declining his claim to the technical pay scale of Rs. 1200-2040; he asserted he had performed duties of Water Pump Operator since March 1989, was regularized in Group 'D' as Pump-Attendant w.e.f. 01.02.1996, and acquired Matric with ITI in 2003, claiming entitlement under the Haryana Public Works Department, Public Health Branch, Circle Cadre Mechanical (Group-D) Service Rules, 1995. The matter had been kept sine die pending L.P.A. No. 1040 of 2012 (State of Haryana v. Rajbir Singh and others), dismissed as withdrawn, and later pending CWP-11710-2014 (Sarbans Singh and others v. State of Haryana and others), decided on 25.03.2025. With the parties ad idem, the petition was disposed of by directing respondent No.3 to treat it as a representation and pass a fresh order on the technical pay scale claim in light of the Sarbans Singh judgment dated 25.03.2025; the Court did not itself decide the entitlement on merits.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

102

CWP-12705-2013 Date of decision: 27.05.2025

JASBIR SINGH

......Petitioner

VERSUS

STATE OF HARYANA AND OTHERS

.......Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

*********

Present: - Ms. Deepak Sonak, Advocate for the petitioner.

Mr. Tapan Kumar, DAG, Haryana.

VINOD S. BHARDWAJ, J. (Oral)

The present writ petition has been filed raising a challenge to the order dated 29.12.2011 passed by the Superintending Engineer, Public Health Engineering Department, Ambala whereby the claim of the petitioner for grant of technical pay scale of Rs. 1200-2040 had been declined.

It was the specific assertion of the petitioner that the petitioner is performing the duties of Water Pump Operator since March, 1989 but his services were regularized in Group ‘D’ to the post of Pump-Attendant w.e.f. 01.02.1996. The petitioner has also acquired qualification of Matric with ITI in the year 2003. It is submitted that Pump Attendant is a technical post and as such, he was entitled to the technical pay scale under the Haryana

VISHAL SHARMA 2025.05.29 15:52 I attest to the accuracy and integrity of this document

CWP-12705-2013 -2-

Public Works Department, Public Health Branch, Circle Cadre Mechanical (Group-D) Service Rules, 1995.

The matter was eventually adjourned sine die to await outcome of L.P.A. No. 1040 of 2012 titled as “State of Haryana versus Rajbir Singh and others” where the issue of the grant of technical pay scale to the persons holding technical posts was under consideration and the said LPA was dismissed as withdrawn. The matter was adjourned sine die again on 28.03.2016 to await the outcome of CWP-11710-2014 titled as “Sarbans Singh and others versus State of Haryana and others” which such petition stands decided vide judgment dated 25.03.2025. The parties are ad idem that the instant writ petition may be disposed of with a direction to the respondents to reconsider the case of the petitioner for grant of technical pay scale in light of the judgment that has been so passed.

The present writ petition is disposed of with a direction to the respondent No.3-Superintending Engineer, Public Health Engineering Department, Ambala Circle, Ambala to treat the instant writ petition as a representation and to pass a fresh order with respect to the claim of the petitioner for grant of a technical pay scale in light of the judgment dated 25.03.2025 in the matter of Sarbans Singh and others (supra).

(VINOD S. BHARDWAJ) MAY 27, 2025 JUDGE Vishal Sharma

Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

VISHAL SHARMA 2025.05.29 15:52 I attest to the accuracy and integrity of this document