Harmail Chand And Ors vs State Of Punjab And Ors

Citation : 2024 Latest Caselaw 5108 P&H
Judgement Date : 6 March, 2024

Punjab-Haryana High Court

Harmail Chand And Ors vs State Of Punjab And Ors on 6 March, 2024

                                                   Neutral Citation No:=2024:PHHC:032435




CWP-27592-2018         2024:PHHC:032435                     1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

239
                                        CWP No. 27592-2018
                                        Date of decision: 06.03.2024

Harmail Chand and ors.                                      ...Petitioners

                                 vs.

State of Punjab and ors.                                    ...Respondents

CORAM:      HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:    Mr. Sunny Singla, Advocate
            for the petitioners.

            Mr. Satnampreet Singh, DAG, Punjab

                   ***

AMAN CHAUDHARY. J.

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus or such other appropriate writ, order or directions to the respondents to grant the petitioners benefit of previous service rendered by them in the Govt. Aided School towards fixation of their pay on their joining in the Govt. School.

2. Learned counsel for the petitioners submits that the benefit of previous service rendered in Government aided schools towards fixation of their pay upon having joined the Government schools with consequential benefits was granted to similarly situated in terms of the judgment of this Court in Sunil Kumar Sharma and Others vs. State of Punjab in CWP- 4629-2015, whereby a batch of petitions were allowed on 19.02.2018, Annexure P-3 against which the LPA and SLP, both stand dismissed and it was implemented vide order dated 06.12.2023. In wake of the above, a legal notice dated 30.05.2018 (Annexure P-4) has been served upon the 1 of 2 ::: Downloaded on - 08-03-2024 04:40:18 ::: Neutral Citation No:=2024:PHHC:032435 CWP-27592-2018 2024:PHHC:032435 2 respondents, which is still pending. He thus, at this stage, on instructions, submits that the petitioners are sanguine of it being considered in a positive manner, in case, a direction is given to the respondents decide the same in a time bound manner by granting them an opportunity of hearing.

5. In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondent Nos.2 and 3 to look into the legal notice dated 30.05.2018 (Annexure P-4) and decide the same within a period of 6 months considering the judgment and the order dated 06.12.2023 implementing it, by passing a speaking order, in accordance with law. In case, the petitioners are found entitled to the benefits, the same be released to them forthwith.

(AMAN CHAUDHARY) JUDGE 06.03.2024 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neutral Citation No:=2024:PHHC:032435 2 of 2 ::: Downloaded on - 08-03-2024 04:40:18 :::