Aditya Thakur And Ors vs State Of Punjab And Others
2023 Latest Caselaw 9582 P&H

                                                         Neutral Citation No:=2023:PHHC:085778-DB




CWP-12807-2023 & CWP-12919-2023                                                             1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

108
                                                           2023:PHHC:085778-DB
                                                                  CWP-12807-2023
                                                     Date of Decision: July 07, 2023

ADITYA THAKUR AND ORS.                                         ....Petitioner(s)

VERSUS

STATE OF PUNJAB AND OTHERS                                     ....Respondent(s)

                                   AND

110                                                    CWP-12919-2023

AMIR KHAN AND OTHERS                                           ....Petitioner(s)

VERSUS

STATE OF PUNJAB AND OTHERS                                     ....Respondent(s)


CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA
       HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:     Mr. Mohit Shukla, Advocate
             for the petitioner(s).

             Mr. V.G. Jauhar, Addl. A.G. Punjab.

             ****

G.S. SANDHAWALIA, J.(ORAL)

1. By this common order, the writ petition(s), the details of which have

been given in the headings are being disposed of.

2. The petitioners are working as Clerk, Steno, Stenographers, Process

Servers, Drivers, Mali and Peons in different Districts of State of Punjab on

regular basis with their respective District & Sessions Judge. They are

challenging the notification dated 15.01.2015 (Annexure P-1) and 22.12.2015

(Annexure P-3) and seeking its quashing on the strength of the judgment passed

in CWP-17064-2017 titled as 'Ajay Kumar Singla and ors. Vs. State of Punjab

and ors.' on 16.02.2023 (Annexure P-14).

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3. We are informed that in similar circumstances CWP-11343-2023

titled 'Hardeep Singh and ors. Vs. State of Punjab and ors." was disposed of on

24.05.2023 by the Co-ordinate Bench while noting as under:-

"Counsel for the petitioners has produced a communication dated 24.05.2023 issued by the Registrar General, Punjab and Haryana High Court, Chandigarh, according to which, the judgment passed by the Division Bench of this Court in CWP No. 17064 of 2017 titled as Ajay Kumar Singla and others vs. State of Punjab and others, decided on 16.02.2023, has been decided to be implemented qua the employees posted in the Sessions Divisions in the State of Punjab with the condition that an undertaking be taken from the employees to the effect that in case the judgment is set aside by the Hon'ble Apex Court at the instance of State of Punjab, they shall refund the amount.

Counsel for the petitioners states that for now, the present writ petition may be disposed of in the light of the said communication.

Ordered accordingly"

4. Counsel has also produced a communication from Registrar General

of this Court to all the District & Sessions Judges in State of Punjab and the

District & Sessions Judge, Chandigarh dated 02.06.2023 wherein the undertaking

is required to be given by the employees to the effect that in case, judgment of

the Division Bench is set aside by the Hon'ble Apex Court at the instance of State

of Punjab, they shall refund the amount. The relevant part of the communication

reads as under:-

"I am directed to refer you on the subject cited above and to forward herewith a copy of judgment dated 16.02.2023 passed in CWP-17064-2017 and in its 101 connected cases for implementing the same qua employees working in the

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Subordinate Courts, with the condition that an undertaking be taken from the employees to the effect that in case the judgment is set aside by the Hon'ble Apex Court at the instance of State of Punjab, they shall refund the amount."

5. Keeping in view above, we are of the considered opinion that

decision has already been taken by this Court and the appointment have been

made in view of the recommendations made by this Court which would be clear

from the appointment order (Annexure P-20) and the concerned District &

Sessions Judge is bound by the above said communication.

6. We are of the considered opinion that if the similar undertaking is

taken in terms of the above instructions, the petitioner(s) shall be bound to

comply with the same. Therefore, no further orders are required to be passed in

the above facts and circumstances on the administrative side.

7. Accordingly, the writ petition(s) are disposed of in the said

circumstances with direction to the concerned District & Sessions Judge to give

the benefit as given to the petitioners in the writ petition subject to taking the

above said undertaking.

8. Pending miscellaneous application(s), if any, also stands disposed of.

                                          (G.S. SANDHAWALIA)

                                                  JUDGE


                                     (HARPREET KAUR JEEWAN)
07.07.2023                                  JUDGE
sangeeta
             Whether speaking   Yes/No
             Whether reportable Yes/No

Neutral Citation No:=2023:PHHC:085778-DB

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