Haryana govt loses two decade long salary battle to employee

The High Court held that an employee is entitled to draw salary for a higher post from the date he actually performs its duties, even if promotion orders are delayed.

The High Court noted that even the government’s own witness, a Sub Divisional Engineer of the Public Health Department, admitted during cross-examination that Singh had been working as driver since September 2000.

In a setback to the Haryana government, the Punjab and Haryana High Court on Monday ruled in favour of a state employee who fought a two-decade-long battle for proper wages, directing that he be paid as a driver from 2000, when he actually started discharging those duties, and not from 2009, when he was formally promoted.

Justice Sudeeptu Sharma dismissed the state’s regular second appeal and upheld concurrent findings of the trial court and the District Judge, Sirsa, which had already decreed the claim of Partap Singh, a Class IV worker. Singh had joined as a beldar in 1987, was regularised in 1993, and redesignated as a truck cleaner in 2000. From September 26, 2000, he was continuously posted on driving duty, but the department only promoted him on paper to the driver’s post on June 12, 2009.

Singh argued that he was entitled to a salary for the higher post from the date he started working as a driver. After his legal notice to the state went unanswered, he moved civil court, which decreed his suit in July 2016. The state’s appeal was dismissed in 2018, leading to the present second appeal.

Story continues below this ad

Relying on earlier Supreme Court rulings, including Selva Raj vs Lt Governor of Andaman & Nicobar Islands (1992), the High Court held that an employee is entitled to draw salary for a higher post from the date he actually performs its duties, even if promotion orders are delayed. “It is an admitted fact by the department and as per evidence on record that the respondent had been working/discharging the duties of truck driver since 26.09.2000,” Justice Sharma observed, rejecting the state’s plea.

With this ruling, Haryana has been directed to pay Singh the difference of salary as driver from September 2000 onwards when he started working as a driver, instead of limiting his entitlement from June 2009 when he was promoted on records.

Stay updated with the latest - Click here to follow us on Instagram