Punjab-Haryana High Court
Subhash And Others vs Guru Angad Dev Veterinary And ... on 20 September, 2023
Neutral Citation No:=2023:PHHC:125291-DB
CWP-11003-2023 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-11003-2023 (O&M)
Date of decision: 20.09.2023
Dr. Subhash and others ....Petitioners.
Versus
Guru Angad Dev Veterinary and Animal Sciences
University, Ludhiana ...Respondent.
***
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
.......
Present: Mr. Samrat Malik, Advocate for the petitioners.
Ms. Harpreet K. Gill, Advocate for the respondent.
***
DEEPAK SIBAL, J.
(1) Through the present petition, the petitioners seek quashing of
the notification and circular dated 15.01.2015 (Annexure P-1 and P-2)
through which the State has directed that in the case of 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 (along with 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
1 of 3
Neutral Citation No:=2023:PHHC:125291-DB
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 counsel for the respondent 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;
2 of 3
Neutral Citation No:=2023:PHHC:125291-DB
(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;
(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
(SUKHVINDER KAUR)
JUDGE
20.09.2023
Komal
Whether speaking/reasoned? : Yes/ No
Whether reportable? : Yes/ No
Neutral Citation No:=2023:PHHC:125291-DB
3 of 3
