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2003 DIGILAW 41 (PNJ)

Mohinder Paul v. State Of Punjab

2003-01-10

HEMANT GUPTA, S.S.NIJJAR

body2003
Judgment S.S.Nijjar, J. 1. The grievance made by the petitioners in the present writ petition is that they arc not being paid the monthly salaries regularly along-with the other regular employees of the State of Punjab. They therefore, seek the issuance of a writ in the nature of mandamus directing the respondents to pay the salaries to the petitioner on or before the 7th day of next month ( i.e., before expiry of 7 days of wage period) on each and every month. A further direction is sought to the respondent to pay the salaries for the month of November, 2001 to February, 2001 and pay the salary for the month of April, 2002 payable in the month of May, 2002 and to deposit the amount of GPF in the accounts of petitioners in time. 2. The petitioners are permanent and regular employees of the State of Punjab. They are all working on Class IV posts, In the year 1982-83, the Government of India sponsored some schemes, one of which is known as Multi purposes Health Worker Scheme. The scheme has been established for imparting training to students of Nursing Sister. Some new schools were established for the training to the students, all over the State of Punjab. The petitioners are working in one such School at Sangrur. 3. Repeatedly, the payment of the salary of the petitioners is delayed. For example, salaries for the months of June, 1998 to August, 1998 were paid in September, 1998. Salaries for the months of June and July, 1999 were paid in the month of August, 1999. The petitioners were paid the salary for the months of November, 2001 to February, 2002. Salary for the month of April, 2002 had not been paid till the filing of the writ petition. Expecting for the petitioners, all other employees of the School are paid the salaries at the appropriate time. 4. Written statement has been filed by the respondents. The factual position has not been controverted. Rather it has been submitted that the respondents have been making strenuous efforts for getting the fund to make payment of the salaries to the petitioners. The solitary excuse put forward for not paying the salaries is that the same can be paid only when the sanction of the fund is received from the Union of Tndia. Rather it has been submitted that the respondents have been making strenuous efforts for getting the fund to make payment of the salaries to the petitioners. The solitary excuse put forward for not paying the salaries is that the same can be paid only when the sanction of the fund is received from the Union of Tndia. The petitioners have filed replication and stated that the respondents-State of Punjab is duty bound to pay the salaries of the petitioners. 5. We have heard the learned counsel for the parties at length and perused the paper book. 6. As noticed above, it can be seen that the respondents have not disputed that the petitioners arc permanent employees of the State of Punjab. They have rather stated that they have been making strenuous efforts to redress the grievance of the petitioners. It is, however, stated that the petitioners are not paid for want of the necessary funds. According to the respondents, the funds for payment of these petitioners are to be release by the Central Government as the petitioners are working under the Scheme sponsored by the Union of India. 7. We are of the considered opinion that the source of the funds from which the payment of the salary is to be made to the petitioners is wholly irrelevant. Without doubt, the petitioners arc employees of the State of Punjab. Therefore, it is incumbent upon the State of Punjab to pay the salary to the petitioners. 8. Consequently, the petition is allowed. The respondents are directed to pay the salary of the petitioners by 7th of each month alongwith the other employees of the State of Punjab. The respondents are also directed to pay the arrears of the salary which may have not been paid for the previous months. The respondents are also directed to deposit the GP fund contribution with the appropriate authority at appropriate time.