Punjab-Haryana High Court
Paramjit Singh And Ors vs State Of Punjab And Others on 18 April, 2024
Neutral Citation No:=2024:PHHC:052192
2024:PHHC:052192
CWP-25993-2021 -1-
253 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-25993-2021
Date of decision: 18.04.2024
PARAMJIT SINGH AND ORS. ...PETITIONERS
VERSUS
STATE OF PUNJAB AND ORS. ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. P.K.Goklaney, Advocate for the petitioners.
Ms. Arundhati Kulshreshtha, AAG, Punjab.
Mr. Anupam Singla, Advocate for respondent Nos.2 to 5.
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NAMIT KUMAR ,J. (ORAL)
1. The instant petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for claiming the following releifs:-
"Under the circumstances, it is, therefore, respectfully prayed that this Hon'ble Court may be pleased:-
a) to produce the complete records of the case;
b) to issue an appropriate writ, order or direction especially in the nature of Mandamus directing the respondents to grant revised pay scales as recommended by various Pay Commissions with regard to skilled and semi-
skilled staff in the service of Punjab Government, in view of the order dated 26.4.2018 passed by this Hon'ble Court in CWP No.7001 of 2013 titled as Daljeet Singh and Others Vs. State of Punjab and Others (P-8) and other connected writ petitions, especially when the order has attained finality and has been implemented by the department vide office order 1 of 4 ::: Downloaded on - 20-04-2024 14:11:06 ::: Neutral Citation No:=2024:PHHC:052192 2024:PHHC:052192 CWP-25993-2021 -2- dated 16.10.2019 (P-10); order dated 16.10.2019 of pay fixation relating to category IV (Annexure P-11), order dated 21.10.2019 of pay fixation relating to category III (Annexure P-12) & order dated 21.10.2019 of pay fixation relating to category V (Annexure P-13).
c) It is further prayed that the order dated 17.02.2021 (Annexure P-14) & 21.06.2021 (Annexure P-15) may kindly be quashing being illegal.
d) it is further prayed that the petitioners are also entitled for the release of interest @ 9% p.a. from the date when it became due, till its realization;
e) it is further prayed that this Hon'ble Court may issue any other appropriate writ, order or direction which this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of the case;
h) cost of the petition be awarded to the petitioners."
2. On issuance of notice of motion, short reply on behalf of respondent Nos.2 to 5 has been filed wherein, it has been stated as under:-
"7. That it has been alleged by the petitioners in Para No.17 of the writ petition that Department of Punjab Roadways had revised the pay scales of their employees in view of the notification dated 04.02.1969 and also in terms of the judgment passed by this Hon'ble Court.
That with regard to the above, it is submitted that basically, the petitioners are claiming pay scales at par with the employees of the Department of Punjab Roadways who are working on 2 of 4 ::: Downloaded on - 20-04-2024 14:11:07 ::: Neutral Citation No:=2024:PHHC:052192 2024:PHHC:052192 CWP-25993-2021 -3- technical posts. It is further submitted that in the respondent corporation the employees of the corporation are governed under the service regulations framed by the respondent corporation. It is further submitted that the employees of the respondent corporation are getting their salaries in terms of the recommendations of the pay commissions issued from time to time. They are also getting their salaries and promotions in terms of the service regulations of the respondent corporation. It is also relevant to mention here that in the service regulations of the respondent corporation, the educational qualifications/experience has been prescribed for different categories of workshop staff, whereas, qualifications/experience for the staff appointed in the Department of Punjab Roadways in the workshop category is different than the same prescribed by the respondent corporation. Therefore, the staff appointed by the respondent corporation in the Workshop Category cannot said to be identical to the staff appointed by the department of Punjab Roadways. Even then the technical staff working in the respondent Corporation is getting the same pay scale as is being given/paid to the technical staff of the Department of Punjab Roadways.
8. That as mentioned above, the technical staff working in the respondent corporation is getting the same pay scales as is being given to the technical staff working in the Department of Punjab Roadways. Therefore, nothing survives for consideration in the present writ petition and hence the present writ petition deserves to be dismissed."
3. In view of the stand taken by respondents No.2 to 5 in the written 3 of 4 ::: Downloaded on - 20-04-2024 14:11:07 ::: Neutral Citation No:=2024:PHHC:052192 2024:PHHC:052192 CWP-25993-2021 -4- statement, counsel for the petitioner does not press the present petition except the fact that if the petitioners are still aggrieved, they may be permitted to file a detailed representation to respondent No.2 which shall be considered and disposed of in a time bound manner.
4. If any, such representation is submitted by the petitioners within a period of one month from today, the same shall be considered and disposed of by respondent No.2, within a period of three months thereafter.
5. Disposed of in above terms.
18.04.2024 (NAMIT KUMAR) renubala JUDGE
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 4 of 4 ::: Downloaded on - 20-04-2024 14:11:07 :::