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Punjab-Haryana High Court
Tarsem Kaur vs State Of Punjab And Others on 3 May, 2024
CWP-10052-2024 2024:PHHC:061194 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
109
CWP-10052-2024
Date of decision: 03.05.2024
Tarsem Kaur
....Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Vikas Kumar Gupta, Advocate
for the petitioner.
*****
AMAN CHAUDHARY. J (ORAL).
1. The prayer made in the present petition is for directing the respondents to grant benefit of previous service rendered by the petitioner in Government Aided Schools towards fixation of her pay on her joining.
2. Learned counsel would submit that the benefit of previous service rendered by the petitioner in Government aided schools towards fixation of her 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, 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 06.12.2023, Annexure P-1, has been served upon the respondents, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a HAMANT 2024.05.03 15:44 I attest to the accuracy and integrity of this order/judgment CWP-10052-2024 2024:PHHC:061194 2 time bound manner by granting her an opportunity of hearing.
3. Notice of motion.
4. At the asking of the Court, Mr. Amarpreet Singh Bains, AAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.
5. In view of the above and without commenting on the merits of the case, this petition is hereby disposed of with a direction to the respondents to decide the legal notice 06.12.2023, Annexure P-1, in light of the afore- referred judgment, within a period of 6 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to her and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to her interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon.
(AMAN CHAUDHARY)
JUDGE
03.05.2024
Hemant
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
HAMANT
2024.05.03 15:44
I attest to the accuracy and
integrity of this order/judgment