High CourtsDivision Bench(2010) 04 P&H CK 0088

Union of India (UOI) and Others vs Kuldeep Rai and Others etc. etc.

Punjab And Haryana At Chandigarh · Decided on 27 April 2010

HON’BLE JUDGES
Alok Singh, J · Adarsh Kumar Goel, J
RESULT
Dismissed

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Judgment

12 paragraphs · 435 words

Alok Singh, J.

C.M. Nos.1457-58, 1461-62, 1465-66, 1469-70, 1473-74, 1477-78, 1481-82, and 1485-86 of 2010.

For the reasons mentioned, applications are allowed and delay of 115 days in filing the appeal and delay of 85 days in re-filing the appeal are condoned.

LPA No. 518 of 2010 (O&M)

1.

These appeals are connected appeals and were decided by one and common judgment passed by learned Single Judge, which is impugned herein. Hence, all these appeals are being disposed of by this common order.

2.

In the present appeal, order impugned is dated 24.7.2009 passed by learned Single Judge, thereby allowing the writ petitions directing that Instructors are entitled for the minimum wages of Rs. 5500/- while Assistant Project Officers are entitled for minimum wages of Rs. 7000/- per month. Learned Single Judge while passing the impugned judgment has placed reliance upon the judgment of the Hon�ble Apex Court in the matter of Principal, Mehar Chand Polytechnic, Jalandhar City and Another Vs. Anu Lumba and Others, .

3.

We have heard learned Counsel for the appellants and perused the record.

4.

Petitioners (herein respondents) were appointed on the post of Instructors in the pay scale of Rs. 1500-2000, while petitioner Vijay Kumar in CWP No. 12274 of 2007 was appointed on the post of Assistant Project Officer. In the same fashion, one Anu Lamba was also working on the post of Instructor who filed CWP No. 11275 of 1998 before this Court, claiming minimum of the pay scale and also the regularization on the basis of the long engagement. CWP No. 11275 of 1998 filed by one Anu Lamba was allowed by this Court vide order dated 16.3.2001. Order dated 16.3.2001 was set aside by the Hon�ble Apex Court, placing reliance on the judgment of Secretary, State of Karnataka and Ors. v. Umadevi and Ors. (2006) 4 SCC 44 pertaining to the direction given by this Court for regularization of Anu Lamba. However, order of this Court dated 16.3.2001 was maintained as far as it confines to the minimum wages @ Rs. 5500/- per month as in the matter of Principal, Mehar Chand (supra).

5.

Learned Counsel for the appellants could not point out any judgment contrary to the judgment in the matter of Principal, Me-har Chand (surpa).

6.

In our opinion, the judgment passed by Hon�ble Apex Court in the matter of Principal, Mehar Chand (supra) was rightly relied upon by the learned Single Judge while passing the impugned order. No infirmity is pointed out.

7.

Appeals are devoid of merit, hence, are dismissed.

8.

A photocopy of this order be placed on connected cases.