In CWP-11034-2023 (O&M)-PUNJ HC- P&H HC directs Haryana Secondary Education Department’s Director General to consider Lab Assistant’s plea for payment of salary and arrears
Justice Harnaresh Singh Gill [22-05-2023]

Read Order: Madan Lal v. State of Haryana and another

Tulip Kanth

Chandigarh, May 23, 2023: The Punjab and Haryana High Court has asked the Director General of Haryana Secondary Education Department to consider the plea of the petitioner for payment of his salary as per Notification/letter dated September 11, 2017 and to grant him the benefit of ESI and EPF.

It was the petitioner’s case that he, being fully eligible, was appointed as Lab. Assistant/Lab. Attendant on contractual basis in different schools of the State of Haryana in the month of July-2011, and since then he has been working as such. The contract with the service provider was terminated by respondent -Director General, Secondary Education Department, Haryana in 2014 and the petitioner was asked to continue to work as Lab Assistants in ICT Labs.

It was submitted that vide letter issued by the General Administration Department, Govt. of Haryana, the wages/honorarium of contractual/outsourced persons engaged under outsourcing Policy were increased and as per the Policy, the petitioner fell under the category of skilled person, as he is Matriculate and having one year Diploma.

Thus, the petitioner approached the High Court for adequate relief.

The State Counsel submitted before the Bench that the petition may be disposed of with a direction to the respondent Director General, Secondary Education Department, Haryana, to consider the case of the petitioner in the light of the letters dated August 28, 2014 and September 11, 2017.

After considering the contentions of the parties and the factual scenario, the Single-Judge Bench of Justice Harnaresh Singh Gill held, “...the present petition is disposed of with a direction to respondent No.2-Director General, Secondary Education Department, Haryana, to consider the case of the petitioner in the light of the letters dated 28.08.2014 and 11.09.2017 and decide the same within two months, in accordance with law, from the receipt of the certified copy of this order.”