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Punjab-Haryana High Court
Jatinder Kumar Etc vs State Of Punjab Etc on 3 May, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:061202
CWP-17494-1998 (O&M) 1 2024:PHHC:061202
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
215
CWP-17494-1998 (O&M)
Decided on :03.05.2024
Jatinder Kumar and others
. . . Petitioners
Versus
State of Punjab and others
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Ms. Manveen Kahlon, Advocate
for petitioner Nos.1, 3 to 5, 7 to 19 and 21 to 26.
Mr. Neeraj Sharma, Advocate for petitioner Nos.2, 6 and 20.
Ms. Neha Sonawane, DAG, Punjab.
*****
VIKAS BAHL, J.(ORAL)
1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for issuance of a writ, order or direction especially in the nature of mandamus directing the respondents to regularize the services of the petitioners on the posts on which they are working and further directing the respondents to grant minimum pay scale to the petitioners on the post on which they are working since long.
2. Learned counsel for the petitioners have submitted that the case of the petitioners is squarely covered by the judgment of the Hon'ble Supreme Court in State of Punjab and others Vs. Jagjit Singh and others, reported as 2016 (4) S.C.T. 641, and have further submitted the petitioners would be satisfied at this stage in case, the case of the petitioners is considered by the competent authority of respondent No.1-State in view of the abovesaid judgment.
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Neutral Citation No:=2024:PHHC:061202
CWP-17494-1998 (O&M) 2 2024:PHHC:061202
3. Learned State counsel has submitted that the competent authority of respondent No.1-State would consider the case of the petitioners in accordance with law within a period of three months from the date of receipt of certified copy of the present order and while considering the said case, the authority would take into consideration the law laid down by the Hon'ble Supreme Court in the abovesaid judgment.
4. Keeping in view the abovesaid facts and circumstances, the present Civil Writ Petition is disposed of with direction to the competent authority of respondent No.1-State to consider the case of the petitioners within a period of three months from the date of receipt of certified copy of the present order and while considering the same, would also take into consideration the law laid down by the Hon'ble Supreme Court in State of Punjab's case (supra) and in case, the pleas raised by the petitioners are found to be meritorious then competent authority would grant necessary relief immediately thereafter, in accordance with law and in case, competent authority is of the opinion that the pleas raised by the petitioners are not meritorious then a speaking order rejecting the same be passed within a period of three months from the date of receipt of certified copy of the present order.
5. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order.
(VIKAS BAHL) JUDGE 03.05.2024 pawan Whether speaking/reasoned:- Yes/No Whether reportable: Yes/No 2 of 2 ::: Downloaded on - 04-05-2024 16:02:08 :::