Punjab and Haryana High Court: It’s sacred duty of state to act fairly

Saurabh Malik

Chandigarh, March 7

The Punjab and Haryana High Court has asserted that it is the sacred duty of the State and its instrumentalities to act fairly. Any action arbitrary or in violation of Article 14 and 16 of the Constitution of India is liable to be struck down by the courts.

Justice Anupinder Singh Grewal also made it clear that the recovery of salary and allowances for leaving Haryana Vidyut Prasaran Nigam Limited (HVPNL) before two-year bond period was manifestly arbitrary and discriminatory.

The assertion came in a case where the salary and allowances, along with security, was recovered from petitioners-employees in accordance with the terms and conditions of their appointment. It was stipulated that the amount would be recovered in case they left their organisation before a two-year period.

Justice Grewal’s Bench was told that the petitioners had joined the HVPNL as junior engineers and had furnished undertakings by way of an affidavit. They had also accepted the terms and conditions of appointment at the time of joining. They could not now turn around and challenge the same.

After hearing counsel Sushil Sheoran for the petitioners and hearing rival contentions, Justice Grewal asserted that the petitioner-employees were stated to have rendered services ranging from seven months to one-and-a-half years in the HVPNL with a five-day induction training. The expenses the respondent-corporation incurred on the training were approximately Rs 7,000 per trainee.

Their status vis-à-vis the respondent-corporation as the employer was not on equal terms when the bond agreements were signed. The petitioners had no option but to adhere to the terms and conditions and furnish the undertakings as asked for.

They would not have been appointed in case of refusal. The petitioners had tendered their resignations from the HVPNL on their selection as JE in the Haryana PWD (B&R). They had not left the job for greener pastures or for joining the private sector. Their services were being utilised by the Haryana Government. The training and experience gathered from the service in the HVPNL would be put to good use at the Haryana PWD (B&R).

Justice Grewal added that they had been paid for the period they had served. But to recover the entire amount of salary and allowances, along with security, was patently untenable and unreasonable. “Engineers contribute immensely in building our nation’s infrastructure. They ought to be treated with utmost respect and sensitivity. The impugned action of the respondents is manifestly arbitrary and discriminatory. By the recovery of the entire salary for the period they had worked in the HVPNL, the respondents have been unjustly enriched,” Justice Grewal observed.

Allowing their petition, Justice Grewal ordered the setting aside of the impugned orders before directing the respondents to refund the recovered amount along with interest at the rate of nine per cent per annum.