Naresh And Another vs State Of Haryana And Others

Jagmohan Bansal, J

As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-15991-2022.

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dated 22.06.2021 whereby respondent has reduced their salary from Rs.15,845/- per month to Rs.12,230/- per month.

The petitioners are claiming that they are working as Class IV employees with respondent for last more than two decades. They were initially engaged for four hours a day, however, later on were engaged for eight hours a day i.e. full time. The petitioners were getting salary Rs.15,845/- per month at the time of impugned action. The respondent without notice or opportunity of hearing substantially reduced their salary to Rs.12,230/- per month. The action of respondent was arbitrary, unreasonable and whimsical. It was also in violation of principles of natural justice.

Learned State counsel submits that petitioners in view of interim orders of this Court continued to receive Rs.15,845/- per month and said amount has been further increased to Rs.18,450/- per month in view of changed DC rates.

The petitioners are working for more than two decades with respondent. They were initially engaged part-time, however, at present are working on full time basis i.e. eight hours a day. At present, they are getting salary Rs.18,450/- per month. Ordered accordingly.

In the backdrop, this Court finds it appropriate to make interim order dated 26.07.2022 absolute.

Disposed of.

It is made clear that petitioners would not be entitled to refund of any amount deducted during the pendency of petitions or liable to pay which could be deducted by respondents.