Punjab-Haryana High Court
Manmeet Kaur vs State Of Punjab And Others on 4 April, 2024
Neutral Citation No:=2024:PHHC:045966
CWP-3936-2021 (O&M) 2024:PHHC:045966
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
245
WP-3936-2021 (O&M)
C
Date of decision: 04.04.2024
Manmeet Kaur ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. R.K. Arya, Advocate for the petitioner. Mr. Charanpreet Singh, AAG, Punjab. ***** AMAN CHAUDHARY. J (Oral) 1. The prayer inthepresentCivilWritPetitionfiledunderArticles 226/227 of the Constitution of India, is to issue a writ in the nature of certiorari, for quashing of order dated 15.01.2021, Annexure P-8 and for directing the respondents to rectify the anomaly in the pay scale along with arrears of pay. 2. Learned counsel submits that the petitioner was promoted from the post of Restorer to Assistant Librarian, however, the pay granted to him remained at the existingpayscaleatRs.5910-20200+2800whichwaslower than that of Restorer. Similarly situated persons, who were working on the same post, as that of the petitioner had approached this Court by filing CWP-6361-2016, Netar Singh and others vs. State ofPunjabandothers, which was allowed vide judgment dated 24.05.2018, in compliance thereof, theyweregrantedthehigherpayi.e.10300-34800+3200gradepaywhilethe samehasbeendeniedtothepetitionervideorderdated15.01.2021,Annexure P-8, only on the premise thatshewasnotapartytothesaidwritpetition.In thisregard,relianceisplacedonthejudgmentinthecaseofSatbirSinghvs. 1 of 2 ::: Downloaded on - 06-04-2024 17:12:26 ::: Neutral Citation No:=2024:PHHC:045966 CWP-3936-2021 (O&M) 2024:PHHC:045966
- 2- State of Haryana, 2002(2) S.C.T. 354, wherein a Division Bench of this Court has held that when judgments attain finality to which the State is a party, duty is casted upon the State to grant relief to its employees who are similarlysituatedandonidenticalfactsanditisnotnecessaryfortheStateto requireeachoneofitsemployeestoapproachtheCourtsoflawforthegrant ofareliefwhichtheStateoughttogranttheemployeesinnormalcourseofits administration. He thus prays, on instructions that the petitioner would be satisfied,incaseadirectionisgiventotherespondentstodecideherclaimin a time bound manner by granting her an opportunity of hearing. 3. Learned State counsel has no objection to the limited prayer made. 4. Inviewoftheaforesaidandwithoutcommentinguponthemerits of the case, this petition is hereby disposed of with a direction to the respondents to consider and decide the claim of the petitioner, taking into account the judgment passed in Netar Singh (supra) and benefit granted in termsthereof,withinaperiodoffourmonthsandiffoundentitled,necessary relief be granted to her forthwith. (AMAN CHAUDHARY) JUDGE 0 4.04.2024 Hemant hether speaking/reasoned W : es / No Y Whether reportable : Yes / No 2 of 2 ::: Downloaded on - 06-04-2024 17:12:27 :::