Post Covers Extension of Benefit as per Bishamber Dayal High Court Chandigarh Case for grant of minimum basic pay of Group D post on completion of 20 years.
Judgement Digest: Surinder Kumar S/o Sh. Hans Raj, aged 45 years, working as Sweeper (Part Time) vs. Union of India & Ors.
Case Briefing:
The present O.A. has been filed by the applicant seeking to grant minimum basic pay of group ‘D’ post w.e.f. date of completion of 20 years i.e. 20.02.2017 extending benefit of judgment dated 02.03.2015 of Hon’ble Punjab and Haryana High Court in case titled Union of India vs. Bishamber Dayal.
Also Read- Union Of India & Ors vs Cat & Ors on 2 March, 2015
In case law titled, Bishamber Dayal Vs. Union of India & Others, was decided in favor of alike appellant vide order dated 01.08.2013 by directing the respondents to grant him the relevant benefit. Subsequently the judicial review was dismissed vide a common order dated 02.03.2015 in all the similar matters, by the Hon’ble Jurisdictional High Court direct to the respondents (therein) shall continue in service with their current status but those who have completed 20 years as part-time daily wagers, shall be granted minimum basic pay of group D post(s) w.e.f. 01.04.2015 and/or the date of completion of 20 years contractual service, whichever is later.
Also Read- Mukesh Kumar vs Union Of India on 3 September, 2013
Judgement of the case:
Learned counsel submitted that based upon the judicial pronouncement on the issue, the applicant filed a representation dated 22.07.2019 for the same benefit, which stands unanswered till date. He made a prayer that the applicant would be satisfied if a direction is issued to the respondents to decide his claim in the light of relied upon judgments.
In the wake of above, the O.A. is disposed of in time, with a direction to the respondents to consider and decide the indicated Representation of the applicant in the light of judgment of the Hon’ble High Court in the case of Bishamber Dayal (supra), as affirmed by the Hon’ble Supreme Court and other cases relied upon by him, within a period of two months. On such consideration, if the applicant is found to be similarly situated like the applicant in the relied upon case, then the similar benefit be extended to him within one month thereafter, otherwise a reasoned and speaking order be passed, and a copy thereof be duly communicated to him.
Also Read- 36 Years, S/o Sh. GN Behera, Working as Dresser, R/o … – CAT
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