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High CourtsSingle Bench(2020) 11 UK CK 0037

Raj Kumar vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 5 November 2020

HON’BLE JUDGES
Lok Pal Singh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/S) No. 1398 Of 2020

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Judgment

9 paragraphs · 344 words

Lok Pal Singh, J

1.

The petitioner has filed the present writ petition seeking a writ in the nature of mandamus commanding and directing the respondents to forthwith release/pay the salary of petitioner from June, 2020 to 21st July, 2020 which has illegally been withheld by the respondents.

2.

The brief facts of the present case are that the petitioner is working as Sweeper/ Chawkidar as a regular employee in the Education Department and he is presently posted at Government Inter College, Bhorsa, Bhimtal District Nainital.

3.

The learned counsel for the petitioner submits that due to lockdown period in the wake of Covid-19, the petitioner used to live in his native place in District Amroha, Uttar Pradesh and he could not join his duties. Thereafter, the salary of the petitioner for the period from June, 2020 to 21st July, 2020 has illegally been withheld by the respondents.

4.

The learned counsel for the petitioner further submits that the Government of India has issued a circular on 20.03.2020, by which all the employers of Public/Private Establishments are advised to extend their coordinate by not terminating their employees, who are working as casual or contractual workers from job or reduce their wages. The relevant portion of the said circular is extracted as under:-

"In the backdrop of such challenging situation, all the Employers of Public/Private Establishments are advised to extend their coordination by not terminating their employees, particularly casual or contractual workers from job or reduce their wages. If any workers take leave, he should be deemed to be on duty without any consequential deduction in wages for this period. Further if the place of employment is to be made non-operational due to COVID-19, the employees of such unit will be deemed to be on duty."

5.

In view of the above, the respondents are directed to release the salary to the petitioner for the period from June, 2020 to 21st July, 2020.

6.

With the above observations, the present writ petition is disposed of.

7.

All pending applications, if any, stands disposed of accordingly.