LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this Civil Writ Petition No. 11290 of 1998 filed under Articles 226/227 of the Constitution of India against the State of Punjab and others, Lakhwinder Singh and others, petitioners have prayed for the issuance of writ in the nature of certiorari, mandamus or any other appropriate writ, order or direction thereby directing the respondents to release regular pay scale to the petitioners in accordance with the judgment of the Hon'ble Supreme Court, Annexure P -8, Civil Appeal No. 4942 of 1997 (arising out of S.L.P. (C) No. 1502 of 1997), State of Punjab and Ors. appellants v. Devinder Singh and Ors. respondents as also in accordance with the judgment dated 18.3.1998 of this Court. Annexure P -9, C.W.P. No. 7238 of 1995 Inderjit Singh and Ors. petitioners v. State of Punjab and Ors. respondents.

(2.) LAKHWINDER Singh and others, petitioners are working as Pump Operators in the P.W.D. Public Health Department. It of the State of Punjab for the last 12 -13 years on daily wage basis. 63 workers of the Public Health Department of the State of Punjab filed Civil Writ Petition No. 5479 of 1987, Lakhwinder Singh and 62 others v. State of Punjab and Ors., whereby they had claimed mainly two reliefs i.e. regularisation of their services and regular pay scale which is being given to the regular counterparts on the principle of "equal pay for equal work". Other prayers were also made in the writ petition. This writ petition was admitted and remained pending for about 8 years. In this writ petition, Lakhwinder Singh etc, who are petitioners eight in number were also petitioners in C. W.P. No. 5479 of 1987 (supra), in which it was clearly mentioned that the petitioners were performing the same duties with the same responsibilities as those of the regular counterparts. This position was admitted in the written statement by the respondents. Vide order Annexure P -1 dated 6.12.1995, the said writ petition was decided by the Hon'ble Bench. Hon'ble Bench dwelt on the said two reliefs as follows : -

(3.) DEVINDER Singh and others who were similarly situated and employed in the Public Health Department of the State of Punjab, in which they are working, filed C.W.P. No. 14591 of 1995, Devinder Singh and Ors. v. State of Punjab and Ors. in this Court, in which they inter alia prayed for the release of regular pay scale together with allowances as are being allowed to the regular counterparts. This writ petition was allowed by a Division Bench of this Court vide order Annexure P -4 dated 20.3.1996, the operative portion of which reads as follows : -