IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 3741 of 1994 Date of Decision: 4.3.2010. Vijay Kumar --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- None for the petitioner. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioner was appointed as Mali-cum-Chowkidar on daily wages on the rates fixed by the D.C from time to time. He was allotted duty at water works Public Health Sub Division, Indri. Petitioner was given fixed salary of Rs. 990/- per month. It is stated that no appointment letter was given and he was placed on muster roll maintained by respondent no.3. The petitioner is performing his duties continuously. His salary was, however, revised and he was granted salary of Rs. 1024/- per month. Petitioner is claiming equal pay for equal work at par with the regularly appointed Mali-cum-Chowkidars. It is not in dispute that the petitioner is only a daily wager and even though, he is performing the same duties, he cannot be put in the regular pay scale. However, in view of the decision of the Hon'ble Supreme Court and this Court, petitioner is entitled to the basic pay scale plus allowances. A similar issue has been decided by this Court vide judgement dated 2.12.1993 in CWP No. 11175 of 1992, wherein following directions have been issued:- CWP. No. 3741 of 1994 -2- “ For the reasons recorded above, this writ petition is allowed with the direction to the respondents to place the petitioners at the basic pay of Rs. 750/- (in the pay scale of Rs. 750-940) plus usual allowances. As and when under the Policy of the State, the petitioners would be absorbed regularly, they will get other service benefits such as increments etc. There will be no order as to costs.” In view of the above circumstances, this petition is disposed of with a direction that the petitioner is entitled to the basic pay of the pay scale plus usual allowances. However, the arrears shall be restricted to three years preceding the filing of the writ petition. (PERMOD KOHLI) JUDGE 4.3.2010. lucky