Suresh Kumar And Ors vs State Of Haryana & Ors
2023 Latest Caselaw 21902 P&H

Punjab-Haryana High Court

Suresh Kumar And Ors vs State Of Haryana & Ors on 14 December, 2023

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                                    Neutral Citation No:=2023:PHHC:160643




                                         Neutral Citation No.2023:PHHC:160643

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
206
                                         CWP -21970 -2015 (O&M)
                                         Decided on : 14.12.2023



Suresh Kumar and Ors                                                .....Petitioners
                                 Versus

State Of Haryana And Others                                        ...Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

PRESENT: Mr. S. K. Nehra, Advocate
         for the petitioner.

            Mr. Saurabh Mohunta, DAG, Haryana.

       ****
HARSIMRAN SINGH SETHI , J. (Oral)

1. In the present petition, the claim of the petitioner is for the grant

of regular pay-scale from the date when the petitioner was recruited in the

service or from the date when the said regular pay-scale was given to the

employees who were junior to the petitioner in the same cadre in which the

petitioner is working.

2. Learned counsel for the petitioner further submits that the

question of law raised in the present petition has already been decided by

this Court by passing order in CWP No. 12858 of 2018- 'Chand Singh and

others v. State of Haryana and others', alongwith other connected cases,

decided on 24.08.2023 hence the present petition be also disposed of in the

same terms and conditions.

3. Learned State counsel on the other hand submits that though, the

question of law raised in the present petition is covered by the judgment

passed in Chand Singh's case (Supra) but the department has already

decided to assail the said judgment in appeal and hence, no benefit of

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Neutral Citation No:=2023:PHHC:160643

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granting the regular pay scale be given to the petitioner, otherwise, the

department will have to file appeal in all cases.

4. Learned counsel for the petitioner submits that the grievance

being raised by the learned State counsel is only qua filing of appeal by the

department in all cases, hence, the undertaking may be recorded that in case,

the judgment in Chand Singh's case (Supra) is modified or set aside by the

Appellate Court in any manner, the same be made applicable upon all the

petitioners even without filing an appeal.

5. Learned counsel for the respondents does not object the

statement made by the counsel for the petitioner recorded herein above.

6. I have heard learned counsel for the parties and have gone

through the record with their able assistance.

7. Keeping in view the above coupled with the fact that a detailed

order has already been passed on the same issue as raised in the present

petition, hence, the present petition is also allowed in the same terms as in

CWP No. 12858 of 2018- 'Chand Singh and others v. State of Haryana and

others' alongwith other connected cases, decided on 24.08.2023.

8. The present petition stands disposed of in above terms.

9. Civil miscellaneous application pending, if any, is also disposed

of

(HARSIMRAN SINGH SETHI) JUDGE 14.12.2023 Riya

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

Neutral Citation No:=2023:PHHC:160643

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