Punjab-Haryana High Court
Harmandeep Singh And Others vs State Of Punjab And Others on 2 September, 2023
Neutral Citation No:=2023:PHHC:115287-DB
2023:PHHC:115287-DB
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.107 CWP-19408-2023
Date of decision : 02.09.2023
Harmandeep Singh and others ..... Petitioners
Versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present : Mr.Nikhil Anand, Advocate, for the petitioners.
Ms.Deepali Puri, Addl.A.G., Punjab.
*****
DEEPAK SIBAL, J. (Oral)
1. Through the present petition the petitioners seek quashing of
notification and circular dated 15.01.2015 (Annexures P-2 and P-3) and
notification dated 22.12.2015 (Annexure P-4) through which the State has
directed that new recruits like the petitioners shall be paid minimum basic
salary of a pay band (without Grade Pay) as also without any annual
increment or allowances except travel allowances and that on confirmation of
these employees the period prior to their confirmation shall not be treated as
regular service. The petitioners further pray for issuance of directions to the
State to release arrears of full salary to them from the date of their
appointment till the date of completion of their probation in the applicable
pay scale (alongwith Grade Pay), annual increments and all other allowances
etc.
2. At the outset, learned counsel for the petitioners contends that
the case of the petitioners is fully covered in their favour by a recent
judgment of a Division Bench of this Court dated 16.02.2023 passed in a
bunch of petitions in which the lead case was CWP-17064-2017 - Ajay
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Kumar Singla and others vs. State of Punjab and others.
3. Learned State counsel very fairly does not deny the above
assertion.
4. In the light of the above, the present petition is also allowed in
terms of the directions as given in Ajay Kumar Singla's case (supra) which
are as follows:-
(a) Notification No.7/204/2012-4FP1/60 dt.15.01.2015
having already been quashed in Gurwinder Singh and
others (1 supra) and Dr. Vishavdeep Singh and others (4
Supra), there is no need to quash it again;
(b) Clarification No.7/204/2012-4FP.1/166 dt.15.01.2015
and notification GSR.3/Const/Article 309/AMD.(5)/2015
dt.22.12.2015 to the extent they held that during period of
probation or if increase in such period of probation, only
fixed emoluments shall be paid to the employee, which
shall be equal to the minimum of pay band of the service
or post to which he is appointed and shall not include
Grade Pay, Special Pay, Annual Increment or any other
allowance except Travelling Allowance AND further
directing that the period of probation shall not be treated
to be the time spent on the time scale applicable to his
post, are quashed;
(c) Any conditions included in appointment letters issued
to petitioners on the basis of the above notifications, are
also quashed;
(d) The respondents are directed to grant to the petitioners
the regular pay scale alongwith all other emoluments,
allowances etc. from the date of their initial appointment
and pay the arrears within three months from today;
(e) The respondents are directed to count the period spent
on probation as regular services for the purpose of
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determination of the total length of service under the
Service Rules.
(f) The validity of the notification No.
GSR.56/Const./Art.309/AMD.(18)/2016 dt.05.09.2016
issued by the State of Punjab is left open for consideration
in an appropriate case.
5. No costs.
[DEEPAK SIBAL]
JUDGE
02.09.2023 [SUKHVINDER KAUR]
shamsher JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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