Kailash Chand And Others vs The State Of Haryana And Others on 27 July, 2011

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Punjab-Haryana High Court

Kailash Chand And Others vs The State Of Haryana And Others on 27 July, 2011

Bench: Ranjit Singh

CIVIL WRIT PETITION NO.20196 OF 2009                                   :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                    DATE OF DECISION: JULY 27 ,2011


Kailash Chand and others

                                                             .....Petitioner

                           VERSUS


The State of Haryana and others

                                                              ....Respondents



CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?




PRESENT:            Mr. Anurag Goyal, Advocate,
                    for the petitioners.

                    Mr. Harish Rathee, Sr.DAG, Haryana,
                    for the State.

                                  ****

RANJIT SINGH, J.

The petitioners have complained that they are being made to do double duty. The petitioners, thus, have approached this Court to seek direction that the respondents can not be allowed to get double duty from the petitioners as a Sweeper/Chowkidar and Chowkidar/Mali, as Sweeper, Mali and Chowkidar are different cadres.

Reference is made to the conditions of service of the CIVIL WRIT PETITION NO.20196 OF 2009 :{ 2 }:

petitioners, which are governed by Haryana State Secondary Education Field Offices (Group D) Service Rules, 1998, as per which post of Peon, Chowkidar, Waterman, Sweeper and Mali are having unrevised pay scale of 2550-3200. It is stated that two methods of appointment to these posts are provided and these are by way of direct recruitment and by transfer on deputation. Petitioner Nos.1 and

2 were appointed as Sweeper-cum-Chowkidar through Employment Exchange, whereas petitioner No.3 was appointed as Mali-cum- Chowkidar. It is then urged that the petitioners have to either work as Mali or as Sweeper and action on the part of respondents to ask the petitioners to work on the post of Sweeper-cum-Chowkidar is termed as illegal, arbitrary and unconstitutional.

Counsel for the petitioners has not been able to show as to how the petitioners are being asked to perform double duty as pleaded, once they were appointed as Sweeper-cum-Chowkidar. Similar issue arose before this Court in Civil Writ Petition No.1361 of 2004, which was dismissed on 12.5.2005 by a Division Bench of this Court, by recording following observations:-

"The petitioners are complaining that they are working on the post of Sweeper-cum-Chowkidar, where as they are being paid only for one post. The respondents have filed a written statement. It has been categorically stated that duty of Sweeper-cum-Chowkidar can not be considered as a double duty because the sweeping work is done by the petitioners during the duty period of Chowkidar i.e. Either after or before the school time. The sweeping work CIVIL WRIT PETITION NO.20196 OF 2009 :{ 3 }:

is done only for 1-1/2 hours daily. The petitioners are being paid a sum of Rs.65/- per month in addition for this work. They are also provided with free lodging in the school which is only given to sweeper-cum-Chowkidar."

The issues raised in the present writ petition are squarely covered by the order passed by the Division Bench.

There is no merit in the pleas raised in the writ petition and the same is dismissed.

July 27, 2011                                (RANJIT SINGH )
khurmi                                           JUDGE

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