Punjab-Haryana High Court
Vikash Meena vs State Of Haryana And Others on 12 May, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023:PHHC:069037 CWP-26597-2022 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 103-7 CWP-26597-2022 Date of decision: 12.05.2023 Vikash Meena and others ... Petitioners Vs. State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Himanshu Sharma, Advocate for the petitioners. Ms. Shruti Jain Goyal, DAG, Haryana. 2k SUVIR SEHGAL J. (ORAL)
1. Petitioners have approached this Court inter alia questioning the action of the respondents, whereby, they are is being relieved from the post of Clerk on the recommendation of the Haryana Staff Selection Commission. During the pendency of the petition, on the basis of revised result, as the petitioners were found to be successful, their names were recommended and they were allocated to various State Departments, Boards, Corporations etc.
2. The remaining grievances of the petitioners regarding counting of past service and protection of pay, have been redressed by the Government. State counsel has placed on record a copy of instructions dated 21.04.2023, relevant extract of which is reproduced as under:-
SHEETAL 2023.05.12 16:46 | attest to the accuracy and integrity of this document Chandigarh SHEETAL 2023.05.12 16:46 | attest to the accuracy and integrity of this document Chandigarh CWP-26597-2022 2023:PHHC:069037 -2-
"3. The matter has been considered by the State Government and it has been decided that past service of such Clerks who were recommended against the Advt. No.05/2019, Cat.1 in both merit lists, shall be counted for the purpose of seniority and pay protection, irrespective of the fact that they have been allotted same or different department.
4. It is therefore, advised that necessary action to fix the pay in all such type of cases be taken as per provision contained in Rule 10/(ii) of the Haryana Civil Services (Pay) Rules, 2016 on case to case basis."
At this stage, counsel for the petitioners submits that salary of the petitioners for the interregnum has not been released.
As Govt. has decided, in principle, to grant the benefit of seniority and pay protection to the petitioners, writ petition is disposed of with a direction to the respondents to release the arrears of salary due to the petitioner within a period of four months from the date of communication of copy of this order, if not released so far.
12.05.2023 sheetal (SUVIR SEHGAL) JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No