Punjab-Haryana High Court
Hanuman Prasad And Others vs State Of Haryana And Another on 10 October, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 20265 of 2012
Date of Decision : 10.10.2012
Hanuman Prasad and others ..... Petitioner(s)
Versus
State of Haryana and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. Surender Lamba, Advocate, for the petitioner(s).
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioners joined service with the Municipal Committee, Mohindergarh, on 11.5.1981 and 11.9.1981 as Mali-cum-Chowkidar and their services were regularized on 16.8.1986 and 21.7.1984 respectively. Petitioner No. 3 joined the service as Keyman-cum-Chowkidar in Municipal Committee in June, 1980 and later on his services were also regularized on 2.4.1993. Petitioners, who were employees of the Municipal Committee, were absorbed in the Public Health Department. Despite they having been absorbed, vide order dated 6.10.2006 (Annexure-P-1), petitioners' name do not figure in the seniority list prepared by the Superintending Engineer, PWD Public Health Circle, Rewari. Persons, who are appointed subsequent to the appointment of the petitioners, already stand promoted to the post of Water Pump Operators, whereas the claim of the petitioners has not been considered.
The Engineer-in-Chief, Haryana, Public Health Engineering Department-respondent No. 2 issued memo dated 24.12.2010 (Annexure-P-2) whereby all Superintending Engineers and Executive Engineers, Public Health Engineering Department, Haryana, have been directed that all employees CWP No. 20265 of 2012 -2- initially appointed inBoards/Corporations/Municipal Committees and who were declared surplus and subsequently appointed on transfer basis, should be given the benefit of pay protection and also are entitled to the incentives introduced under the Scheme after completion of requisite length of service. Another memo dated 29.12.2010 (Annexure-P-3) was issued by respondent No. 2 to all Superintending Engineers and Executive Engineers, Public Health Engineering Department, Haryana, wherein it was mentioned that the earlier benefit of grant of additional increments HSS/ACP scales to the employees as the petitioners were now to be extended the benefit to all employees by counting the services rendered by them in Boards/Corporations/Municipal Committees. Petitioners have neither been granted the benefit of these memos nor have they been shown in the seniority list and promotions have also not been granted to them from the date their juniors have been promoted. Faced with this situation, petitioners have submitted a representation dated 14.1.2012 (Annexure-P-5) to respondents No. 2 to 4, but till date no response has been received nor has any benefit been granted. Petitioners have thus approached this Court by filing the present writ petition.
Counsel for the petitioners submits that the petitioners, at this stage, will be satisfied if direction is issued to the respondents to consider the representation dated 14.1.2012 (Annexure-P-5) submitted by the petitioners and take a final decision thereon within some specified time.
In the light of the above and without going into merit of the case or commenting thereon, present writ petition is disposed of with a direction to the Superintending Engineer, PWD Public Health Circle, Rewari-respondent No. 3 to consider and decide the representation of the petitioners within a period of three months from the date of receipt of certified copy of this order. CWP No. 20265 of 2012 -3-
In case the petitioners are held entitled to the benefit as claimed by them through their representation dated 14.1.2012 (Annexure-P-5), consequential benefits be granted to the petitioners within a further period of two months. If the claim as projected by the petitioners through their aforesaid representation is not to be accepted, then a speaking and well reasoned order be passed by respondent No. 3 and the same be conveyed to the petitioners forthwith.
(AUGUSTINE GEORGE MASIH) JUDGE 10.10.2012 sjks