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359

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-6963-1997 (O&M)

Reserved on : July 25, 2022

Pronounced on: 22.08.2022

Balbir Singh and others

...Petitioners

versus

State of Haryana and others

...Respondents

CORAM: HON9BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Shubham Saroha, Advocate for

Mr. S.P.Laler, Advocate,

For the petitioners.

Mr. R.D. Sharma, DAG, Haryana.

Mr. Kanwaljit Singh Senor Advocate with Ms. Neha Anand Mahajan,

Advocate for respondent No.7.

*****

ARUN MONGA, J. (ORAL)

Petition herein, inter alia, is for issuance of a writ in the nature of

mandamus directing the respondents to promote the petitioners on the post of

Gauge Reader or Mate on the basis of their seniority as their juniors have already

been promoted on these posts.

2.

Learned counsel for the petitioners submits that petitioners joined

service as Beldars on work charged basis on different dates in the Irrigation

Department. Their services were regularized w.e.f. 01.01.1987. He submits that

petitioners are seeking parity with the private respondents stating that despite being

junior to them they were promoted on the post of Mate while at the relevant time,

the petitioners continued to work as Beldar.

3.

The stand of the official respondents in paras 4, 5 and 6 of the written

statement is as under:

<4. That in reply to para 4 of the writ petition, it is submitted that Sh. Bhir Chand

son of Sh. Mohinder Paul was initially appointed as Mate on 13.7.89 and not as

Beldar as contested by the petitioners. The services of Sh. Bhir Chand son of Sh.

Mohinder Paul was also regularized as Mate as per policy of Haryana Govt. This

VANDANA

2022.09.13 17:52

I attest to the accuracy and authenticity of

this Judicial Record/ Decree/ Document,

which is scanned copy of the original\

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fact was also produced in this Hon9ble High Court in connection with hearing of

Civil Writ Petition No. 9154 of 1996. Ssince the petitioners were initially appointed

as work charged Beldars and they cannot be treated on par with Sh. Bhir Chand

son of Sh. Mohinder Paul whose initial appointment as Daily Wages Mate.

5. That in reply to para 5 of the writ petition it is submitted tht as per tentative

senority list of Work charged Beldars (Annexure P-1). There are more than 158 &

182 work charged Beldars senior to the petitioners and hence the claim of the

petitioners for promoting them as Mate and Gauge Readers by pasing their seniors

could not be considered valid. As regards the promotion of Sh. Khushi Ram & Sh.

Ram Sarup as work charged Gauge Readers, they had forfeited all their benefits of

their post as Beldar and they were paid work charged Gauge Readers as their

appointments to the post of work charged Gauge Reders was fresh one. They were

also given the initial scale of the post.

6.

That in reply to para 6 of the writ petition it is submitted that Sh. Tek Chnd

initially appointed as work charged Mate on 1.6.192 and Sh. Mohinder Singh ws

appointed as daily wages Gauge Reader on 10.5.1988 and their services were

regularized on he above posts as per decision of the Hon9ble Punjab & Haryana

High Court dated 21.1.97 in Civil Writ Petitin No. 7390 of 1996. Hence the claim

of the petitioners re not admitted.=

7.

In separate written statement filed by private respondent No. 7(Bhir

Chand), it is stated that he had been initially appointed as Mate but by virtue of

order Annexure P-2 dated 25.03.1996, due to some inadvertence and bonafide

mistake, his services were regularized as Beldar instead of regularizing him a

Mate. Against this, he had filed a writ petition No. 9154/1996.Order dated

12.08.1996 Annexure R-7/4 was then passed by the Executive Engineer, Water

Services Division, Kurukshetra, whereby the services of respondent No. 7

w