CWP-25689-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 122 IRSAD STATE OF HARYANA CORAM: HON'BLE MR Present: Mr. Talim Hussain, Advocate with Mr. Mohammad Sabir, Advocate for the petitioner. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been filed, mandamus directing the with effect from (D.C.). 2. Learned counsel contended contractual basis as Restorer in Government College for Women, Salaheri, Nuh, on 19.08.2016 regarding fixation of D. C. rates for the year 2021 he was already drawing monthly salary of post were fixed as 27.09.2021, Annexure P rates higher than the ones decided by th rates without any increment. Accordingly, there was no basis for the 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Talim Hussain, Advocate with Mr. Mohammad Sabir, Advocate for the petitioner. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed, inter alia directing the respondents to refix the petitioner’s pay with effect from 20.08.2021 at the rate fixed by the Deputy Commissioner Learned counsel contended that the petitioner was appointed on contractual basis as Restorer in Government College for Women, Salaheri, 19.08.2016. At the time of issuing regarding fixation of D. C. rates for the year 2021 he was already drawing monthly salary of ₹21,296 post were fixed as ₹19,100. The said order was modified vide letter dated , Annexure P-3, to the effect that employees already engaged on r than the ones decided by the order, shall be rates without any increment. Accordingly, there was no basis for the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25689-2025 Decided On: 15.09.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Mr. Talim Hussain, Advocate with Ms. Tanushree Gupta, Senior Deputy Advocate General, inter alia, seeking a writ of to refix the petitioner’s pay as ₹21,296 1 at the rate fixed by the Deputy Commissioner that the petitioner was appointed on contractual basis as Restorer in Government College for Women, Salaheri, . At the time of issuing office order dated 20.08.2021 regarding fixation of D. C. rates for the year 2021-22 at Nuh, Annexure P-2, 21,296, though D. C. rates for the . The said order was modified vide letter dated , to the effect that employees already engaged on order, shall be continued with earlier rates without any increment. Accordingly, there was no basis for the writ of 21,296 1 at the rate fixed by the Deputy Commissioner that the petitioner was appointed on contractual basis as Restorer in Government College for Women, Salaheri, order dated 20.08.2021 2, , though D. C. rates for the . The said order was modified vide letter dated , to the effect that employees already engaged on with earlier rates without any increment. Accordingly, there was no basis for the Aman Dua 2025.09.19 16:44 I attest to the accuracy and authenticity of this judicial document CWP-25689-2025 respondents to reduce the petitioner’s pay to dated 20.08.2021 3. Learned State respondent/Principal, SLKS dated 11.09.2025 the following effect: on November, 2022 as per “The Haryana Contractual Employees (Security of Service) Act, 2024 Dated the D.C. Rate applicable for the financial year 2021 Rs.19,100 notified for the the absence of a specific rate for the said pos salary was inadvertently drawn in accordance with the D. C. Rate fixed for the post of Clerk, which was the nearest comparable category. The said action was taken purely on account of administrative exigency and in good faith, without a intention. (Annexure Rates 2021 Irshad). 4. It is an admitted fact on record that the petitioner transferred to the 2022, but the Nigam petition. Besides, the fact regarding job security granted to the petitioner in terms of the 2024 Act has also not been disclosed in the petition. petitioner has already been 2025 -2- respondents to reduce the petitioner’s pay to 20.08.2021. Learned State counsel has received instructions Principal, SLKS Government College for Women dated 11.09.2025, which is retained on the case file as Annexure ‘A’. It is to the following effect: That the petitioner services on November, 2022. Further, the as per “The Haryana Contractual Employees (Security of Service) Act, 2024” Vide DGHE Memo No. Dated 27.05.2025. That the petitioner’s salary the D.C. Rate applicable for the financial year 2021 Rs.19,100. Prior to the year 2021 notified for the post of Restorer in District Nuh. Consequently, in the absence of a specific rate for the said pos salary was inadvertently drawn in accordance with the D. C. Rate fixed for the post of Clerk, which was the nearest comparable category. The said action was taken purely on account of administrative exigency and in good faith, without a intention. (Annexure-1, DC Rates, 2016 Rates 2021-22), (Annexure-3A and 3B Salary Bills of Sh. Irshad). It is an admitted fact on record that the petitioner to the Haryana Kaushal Rozgar , but the Nigam has not been impleaded . Besides, the fact regarding job security granted to the petitioner in terms of the 2024 Act has also not been disclosed in the petition. has already been provided job security after having been respondents to reduce the petitioner’s pay to ₹19,100 in terms of the order has received instructions from the fourth Government College for Women, vide memo , which is retained on the case file as Annexure ‘A’. It is to That the petitioner services’ transferred to HKRNL Portal petitioner gets the Job Security as per “The Haryana Contractual Employees (Security of ” Vide DGHE Memo No.5/4-2024 Lib (2) . That the petitioner’s salary was duly fixed on the D.C. Rate applicable for the financial year 2021-22 at . Prior to the year 2021-22, no separate D.C. Rate was post of Restorer in District Nuh. Consequently, in the absence of a specific rate for the said post, the petitioner’s salary was inadvertently drawn in accordance with the D. C. Rate fixed for the post of Clerk, which was the nearest comparable category. The said action was taken purely on account of administrative exigency and in good faith, without any malafide 1, DC Rates, 2016-17), (Annexure-2 DC 3A and 3B Salary Bills of Sh. It is an admitted fact on record that the petitioner’s services stand Haryana Kaushal Rozgar Nigam Limited in November, has not been impleaded as a party/respondent to the . Besides, the fact regarding job security granted to the petitioner in terms of the 2024 Act has also not been disclosed in the petition. Since the provided job security after having been transferred in terms of the order fourth vide memo , which is retained on the case file as Annexure ‘A’. It is to Portal petitioner gets the Job Security as per “The Haryana Contractual Employees (Security of Lib (2) fixed on at , no separate D.C. Rate was post of Restorer in District Nuh. Consequently, in t, the petitioner’s salary was inadvertently drawn in accordance with the D. C. Rate fixed for the post of Clerk, which was the nearest comparable category. The said action was taken purely on account of ny malafide 2 DC 3A and 3B Salary Bills of Sh. stand November, as a party/respondent to the . Besides, the fact regarding job security granted to the petitioner in the transferred Aman Dua 2025.09.19 16:44 I attest to the accuracy and authenticity of this judicial document CWP-25689-2025 to the Nigam about three years ago, this Court entertain the petition and 15.09.2025 Ad Whether speaking/reasoned? Whether reportable? 2025 -3- to the Nigam about three years ago, this Court entertain the petition and it stands dismissed. (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? to the Nigam about three years ago, this Court finds no justification to TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No ation to Aman Dua 2025.09.19 16:44 I attest to the accuracy and authenticity of this judicial document