Punjab-Haryana High Court
Suman Kumari vs State Of Punjab And Others on 2 December, 2023
Author: Sanjeev Prakash Sharma
Bench: Sanjeev Prakash Sharma
RAJESH KUMAR
2023.12.04 15:23
105 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2023:PHHC: 153462
CWP-27025-2023
Date of Decision: 02.12.2023
Suman Kumari ...Petitioner
Vs.
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Present Ms. R.K. Grewal, Advocate for the petitioner.
2K 6k
SANJEEV PRAKASH SHARMA, J.(Oral)
1. The petitioner has filed this writ petition praying for granting the
benefits of pay fixation from the date on which she was appointed as
Teaching Fellow i.e. w.e.f. 14.03.2012 instead of the date of regularization
i.e. 21.05.2015.
2. Learned counsel submits that once the petitioner's services had
been regularized from the date of joining i.e. 14.03.2012, the benefit of pay
and allowances should also be extended from the same date. It is also
submitted that in similar circumstances earlier the benefits were extended by
the State Authorities from the date of regular appointment and in order to
buttress the arguments, learned counsel has invited the attention to the
document Annexure P/7 issued on 26.09.2012, whereby one Balbir Kaur, was
regularized and was granted pay and allowances from the date of her initial
appointment i.e. 20.10.2010. Learned counsel submits that there are also
similar writ petition pending before this Court.
3, I have considered the submissions.
| attest to the accuracy and authenticity
of thi
is order/iu
Haryana Hig
ary:
idgment, Punjab &
Court, Chandigarh.
CWP-27025-2023 2023:PHHC: 153462
4. Pendency of other writ petitions would not deter this Court from
deciding the petition at the admission stage. The regularization of the
petitioner was passed on a policy laid down by the Principal Secretary,
Education Department, after holding a meeting with the concerned officials
and it would apposite to quote the order passed as under:-
"Hon'ble Principal Secretary, School Education, Punjab, held a
meeting of concerned officials on 21.05.2015, keeping in view
the Civil Writ Petition No.18275 of 2013, Maghar Singh vs.
State of Punjab and many other such civil writ petitions filed by
the candidates in the Hon'ble Punjab and Haryana High Court
for the purpose of regularization of their services on the post of
teaching fellows and it has been decided that the teaching
fellows appointed after 01.04.2011 who could not be regularized
are hereby regularized w.ef. 21.05.2015, without giving any
financial benefits from the back date. Before doing so, it be
ensured that they fulfill all the conditions contained in the
agreement of recruitment of teaching fellow."
5. Whereafter the petitioner who had not filed any writ petition
before this Court was given benefit of orders passed in favour of others. All
persons who were granted the benefit of order dated 25.05.2015, were thus
bound by the conditions laid down therein i.e. they shall be regularized w.e.f.
21.05.2015, without giving any financial benefit from the back date. The
petitioner too was regularized w.e.f. 21.05.2015, although was appointed
prior to the same. Thus from the date when the petitioner was regularized,
benefits have been extended to him. Claim for benefits prior to the date of
regularization, therefore, is not admissible. In the case of Balbir Kaur's
(supra) also it is noticed that the regularization was w.e.f. the earlier date on
20.10.2010, and, therefore, pay fixation was done from the said date. The
RAJESH KUMAR
2023.12.04 15:23
| attest to the accuracy and authenticity
of this order/judgment, Punjab &
Haryana High Court, Chandigarh.
CWP-27025-2023 2023:PHHC: 153462
principal which emerges is that pay scale shall be admissible only from the
date of regularization.
6. In view thereof, the writ petition fails and the same is dismissed
accordingly.
7. All pending misc. application(s) also stand disposed of.
(SANJEEV PRAKASH SHARMA)
JUDGE
02.12.2023
rajesh
1. Whether speaking/reasoned? : Yes/No
2. Whether reportable? : Yes/No
RAJESH KUMAR
2023.12.04 15:23
| attest to the accuracy and authenticity
of this order/judgment, Punjab &
Haryana High Court, Chandigarh.
