Ryan International School ... vs State Of Haryana And Ors
2023 Latest Caselaw 11844 P&H

CWP-12012-2015 (O&M) 1
2023:PHHC:100138

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Sr. No.206 CWP-12012-2015 (O&M)
Date of Decision: 03.08.2023

Ryan International School Employees

Welfare Association through its President .... Petitioner

Versus

State of Haryana and others ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Hemant Saini, Advocate for the petitioner.
Mr. Sanjeev Kaushik, Addl. A.G. Haryana.

Mr. Kannan Malik, Advocate for respondent No.3.

3K KK

TRIBHUVAN DAHIYA, J. (ORAL)

This petition has been filed seeking a writ of mandamus directing the respondents to ensure implementation of the Sixth Pay Commission recommendations in entirety with respect to arrears.

2. Learned counsel appearing for the respondents have taken a preliminary objection to maintainability of the petition on account of Educational Tribunals having been constituted vide Haryana Government Higher Education Department Notification, dated 02.03.2015, for redressal of grievances of the employees working in aided/unaided educational institutions. Reliance has further been placed on a judgment rendered by Division Bench of this Court in Management of S.D.Model Senior Secondary School and another v. District Judge-cum-Service Tribunal and another, 2014(13) R.C.R.(Civil) 328, to contend that provisions of the

notification have been interpreted to mean all service disputes arising out of

MANINDER

2023.08.07 10:37

I attest to the accuracy and authenticity of this order/judgment.

CWP-12012-2015 (O&M) 2 2023:PHHC:100138

an order passed by the Management, are appealable to the Educational Tribunal.

3. In view of the aforesaid, the instant petition is not maintainable and stands disposed of accordingly by relegating the petitioner to the jurisdiction of the Educational Tribunal concerned for redressal of its grievances.

4. Registry is directed to send complete record of the instant case

to the concerned Educational Tribunal for adjudication on merits.

(TRIBHUVAN DAHTYA) JUDGE 03.08.2023 Maninder Whether speaking/reasoned Yes/No

Whether reportable : Yes/No

MANINDER

2023.08.07 10:37

I attest to the accuracy and authenticity of this order/judgment.