Punjab-Haryana High Court
Innyat vs State Of Punjab And Others on 11 September, 2023
Neutral Citation No:=2023:PHHC:118918-DB
2023:PHHC:118918-DB
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(Sr. No. 110) CWP No. 19948 of 2023
Date of decision : 11.09.2023
Innayat
.....Petitioner
Versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present : Mr. Ishan Gupta, Advocate,
Mr. Gagandeep Singh, Advocate and
Ms. Deepali, Advocate for the petitioner.
Ms. Deepali Puri, Addl. A. G., Punjab.
***
DEEPAK SIBAL, J. (Oral)
(1) Through the present petition, the petitioner seeks quashing of
notification and circular dated 15.01.2015 (Annexures P-1 and P-2) through
which the State has directed that new recruits like the petitioner 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 petitioner further prays for issuance of
directions to the State to release arrears of full salary to her from the date of
her appointment till the date of completion of her probation in the applicable
pay scale (along with Grade Pay), annual increments and all other
allowances etc.
1 of 3
Neutral Citation No:=2023:PHHC:118918-DB
CWP No.19948 of 2023 [2] 2023:PHHC:118918-DB
(2) At the outset, learned counsel for the petitioner contends that
the case of the petitioner is fully covered in her 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 No. 17064 of 2017 - Ajay 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 along with all other emoluments,
allowances etc. from the date of their initial appointment and
pay the arrears within three months from today;
2 of 3
Neutral Citation No:=2023:PHHC:118918-DB
CWP No.19948 of 2023 [3] 2023:PHHC:118918-DB
(e) The respondents are directed to count the period spent on
probation as regular services for the purpose of
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
11.09.2023 ( SUKHVINDER KAUR )
sunil yadav JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:118918-DB
3 of 3
