Sadhu Singh Randhawa vs State Of Punjab And Others
2023 Latest Caselaw 20071 P&H

                                                       Neutral Citation No:=2023:PHHC:147030




                                                                2023:PHHC:147030


190
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                    CWP-26040-2023 (O&M)
                                                  Date of Decision: 20.11.2023
Sadhu Singh Randhawa
                                                                  . . . . Petitioners
                                       Vs.
State of Punjab and others
                                                               . . . . Respondents
                            ****

CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA **** Present Mr. Surmukh Singh, Advocate for the petitioner.

**** SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioner by way of this writ petition assails the speaking order

passed by the respondent dated 04.11.2022, and submits that the

petitioner was entitled to receive the higher pay scale as entitled to the

Director, SCERT as he has worked on the said post of Director, SCERT.

The post was vacant and the petitioner was performing his duties as a

Director and therefore in terms of para 4.16 of the Punjab Civil Service

Rules, he was entitled to receive the higher pay. It is stated that the

order passed by the respondents is therefore liable to be set aside.

2. I have considered the submissions.

3. This Court vide order dated 08.04.2021 had disposed off the earlier

writ petition of the petitioner bearing No.CWP-7890-2021 whereby

this Court had directed the respondents to pass a speaking order and

decide the legal notice, whereafter vide impugned order the authorities

have considered the case of the petitioner and found that the petitioner

had been assigned the additional charge of the post of Director, SCERT

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Neutral Citation No:=2023:PHHC:147030

CWP-26040-2023 (O&M) 2023:PHHC:147030

in his own pay scale in addition to his assignment as Deputy Director.

The order also specifically mentioned that he will continue to deal with

the SSA work under the supervision of Director General (School

Education) and that he would not be given any remuneration or

seniority for the additional work.

4. The respondents have therefore rejected the claim of the petitioner

since it was not an order whereby the petitioner was exclusively on the

post of Director SCERT, and he was not exclusively performing duties

of Director alone, but was actually performing his duties, and in

addition, he was performing higher duties also. The higher pay scale in

such circumstances is not available to him in view of the judgment

passed by the Full Bench of this Court in the case of Subhash

Chander vs. State of Haryana and others in CWP-21358-2008,

decided on 20.12.2011.

5. Learned counsel submits that the DPC had also recommended his case

for appointment on the post of Director. However, this Court finds that

there is no such order available on record.

6. The petitioner has been granted the benefit of ACP by the concerned

department. No further relief as claimed by the petitioner is found to be

made out.

7. Present writ petition stands dismissed.

                                                  (SANJEEV PRAKASH SHARMA)
                                                            JUDGE
November 20, 2023
Mohit goyal

         1. Whether speaking/reasoned?                   Yes/No
         2. Whether reportable?                          Yes/No

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