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2022 Supreme(HP) 219

JYOTSNA REWAL DUA
H. P. STATE ELECTION DEPARTMENT – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: RANJANA PARMAR, KARAN SINGH PARMAR.
For the Respondents: ARVIND SHARMA, NARENDER SINGH THAKUR, ANKUSH DASS SOOD, ARJUN LALL.

ORDER :

1. The employees working in different capacities in the State Election Department are members of the petitioner, a registered Association. The short and simple point being put forth by the petitioner is that the respondents are required to pay honorarium to such of the employees of State Election Department, who perform duties in Vidhan Sabha Elections.

2. Pleadings:

    (i) Pleadings of petitioner:

The petitioner has pleaded that its members have been working in the Election Department and performing election duties assigned to them, be it for the Parliamentary or the State Legislative Assembly Elections. Honorarium for discharging election duties was paid by the respondent-State till 1998. In the year 1998, simultaneous elections were held for Parliament and Vidhan Sabha/State Legislative Assembly. Members of the petitioner- Association on election duty were paid honorarium for Parliamentary as well as State Legislative Assembly elections, but subsequently, the State stopped paying honorarium for duties performed by the members of the petitioner- Association (employees of the State Election Department) in State Legislative Assembly elections. Petitioner-Association pointed out it

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