CWP No.7832 of 2004 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 7832 of 2004 Date of Decision: 29 - 9 – 2010 Chamkaur Singh and others ....Petitioners v. Union of India and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Salil Sabhlok, Advocate for Mr.D.S.Patwalia, Advocate for the petitioners. Ms.Sudeepti Sharma, DAG, Punjab for respondent No.2. None for respondents No.1,3 and 4. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Ten petitioners herein were employed as Instructors in the Community Wing of Government Polytechnic Institute at Batala. In paragraph 2 of the writ petition, a chart has been given depicting qualifications and the date of joining of the petitioners as Instructors and for facility of reference, the same is re-produced below:- Sr.No. Name Qualification Date of joining as Instructor 1 Chamkaur Singh ITI Diploma Radio/TV 01/02/97 2 Rajinder Singh -do- 07/08/98 CWP No.7832 of 2004 [2] 3 Pritpal Singh ITI Diploma Electrical, Apprenticeship Lineman 13/03/02 4 Rajwant Kaur ITI Diploma Cutting/Tailoring 01/02/97 5 Smt.Kans Kaur -do- 06/08/01 6 Dilbagh Singh ITI Diploma Electrician 20/02/98 7 Harjit Singh ITI Diploma Wireman, Apprenticeship Lineman 13/03/01 8 Gurbachan Singh ITI Diploma Electrical Oct., 94 9 Sushil Kumar ITI Diploma Auto Mechanic CTI Instructor Course 13/03/01 10 Manohar Lal ITI Diploma Carpenter 30/07/96 The petitioners have approached this Court with a prayer that their services be regularised and that they be paid regular pay scale of the post of Instructor alongwith all consequential reliefs. Stand taken by counsel for the State is that the Scheme of Community Polytechnics against which the petitioners were appointed, came to an end on 31.7.2007. Therefore, all the petitioners, except petitioner No.1 – Chamkaur Singh and petitioner No.6 – Dilbagh Singh, continued to perform their duties as Instructors till 31.7.2007. Petitioner No.1 – Chamkaur Singh worked upto April, 2004 and petitioner No.6 - Dilbagh Singh performed his duties upto January, 2004. It is not disputed that a Division Bench of this Court in Civil Writ Petition No.11275 of 1998, titled as, `Anu Lumba v. Union of India and others', decided on 16.3.2001, issued a direction that petitioner - Anu Lumba therein should be paid minimum emoluments at the rate of Rs.5,000/- p.m. with effect from 1.8.1998, as she approached the Court in July, 1998. A further direction was issued that the respondents should CWP No.7832 of 2004 [3] create a regular cadre and place the petitioner in regular service. The order passed by the Division Bench was made subject matter of Special Leave Petition before the Hon'ble Apex Court. Hon'ble Apex Court decided the matter on 8.8.2006 in case titled as `Principal, Mehar Chand Polytechnic & Anr. v. Anu Lamba & Ors' in Civil Appeal No.7051 of 2002 and came to the conclusion that the direction given by the Division Bench that services of the Instructors be regularized, should not be given effect to. However, so far as remuneration of those Instructors, as fixed by the Division Bench is concerned, was upheld. Thereafter, relying upon Anu Lumba's case (supra), Balkar Singh and Sukhwant Kaur working in the respondent- Polytechnic Institute approached this Court by filing Civil Writ Petition No.12153 of 2007. The same was decided by a Single Bench of this Court on 24.7.2009. It was ordered therein that the petitioners shall be entitled to the emoluments at the rate of Rs.5,500/- p.m. from the date of filing of the writ petition and the Court awarded payment of these emoluments for a period of 3 years preceding the date when their services were dispensed with. The services of all the Instructors were dispensed with on 31.7.2007. Shri Ajay Kumar Arora, Principal, Government Polytechnic Institute, Batala has filed an affidavit dated 21.9.2010 in Court and the same is taken on record. According to the affidavit, Chamkaur Singh worked upto April, 2004, Dilbagh Singh worked upto January, 2004 and Rajwant Kaur worked upto August, 2004, Sushil Kumar and Kans Kaur worked upto July, 2004 and the remaining petitioners had performed their duties upto July, 2007. In paras 5,6 and 7 of the affidavit, it has been stated as under:- “5. That meanwhile during the pendency of Review Application RA No.269 of 2007, Union of India through CWP No.7832 of 2004 [4] Ministry of Human Resources Development, Govt. of India, New Delhi, the Respondent No.1 in this petition issued orders to the answering respondent and released requisite funds to pay the remuneration to the petitioners of this petition as per the order dated 16-03-2001 of this Hon'ble Court passed in CWP No.11275 of 1998, Anu Lumba Vs Union of India and others. As per the orders, Anu Lumba was granted revised remuneration @ Rs.5500/- p.m. w.e.f. 1st August, 1998 as she had approached this Hon'ble Court in July, 1998. It is further submitted that the petitioners of this petition i.e. CWP No.7832 of 2004 had relied upon the judgment of this Hon'ble Court in CWP No.11275 of 1998 while filing this petition in April, 2004. 6. That as per the orders dated 16-03-2001 of this Hon'ble Court in the Anu Lumba case (CWP No.11275 of 1998), the petitioners of this petition CWP No.7832 of 2004 were entitled for revised remuneration @ Rs.5500/- p.m. w.e.f. 1st May, 2004. Accordingly eight petitioners (out of total ten) were entitled for the revised remuneration @ Rs.5500/- p.m. w.e.f. 1st May, 2004 to their respective last working days (Since the Community Polytechnic Scheme of Govt. of India under which the petitioners were employed was discontinued w.e.f. 01-08- 2007). The eight entitled petitioners were paid difference of arrears of remuneration in January, 2009 as per the details given in Annexure R-II. 7. That the two petitioners namely (1) Chamkaur Singh - worked upto April, 2004 (2) Dilbagh Singh – worked upto CWP No.7832 of 2004 [5] January, 2004 were not entitled for revised remuneration @ Rs.5500/- p.m. as they were not on roll of service on 1st May, 2004 (w.e.f. which the revised remuneration was to be paid as per the order dated 16-03-2001 of this Hon'ble Court in CWP No.11275 of 1998, Anu Lumba Vs. Union of India and others). Thus, it is apparent that mandate of the judgments in Anu Lumba's case (supra) and Balkar Singh's case (supra) has been followed by the respondents. Therefore, no further directions are called for. Hence, the present writ petition is dismissed, with no order as to costs. ( KANWALJIT SINGH AHLUWALIA ) September 29, 2010. JUDGE RC