Punjab-Haryana High Court
Mukesh Kumar Garg And Others vs State Of Punjab And Another on 21 September, 2023
Neutral Citation No:=2023:PHHC:124821-DB
2023:PHHC:124821-DB
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.117 CWP-12069-2023
Date of decision : 21.09.2023
Mukesh Kumar Garg and others ..... Petitioners
Versus
State of Punjab and another ..... Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present : Mr.Vishal Mittal, Advocate, for the petitioners.
Mr.R.S.Pandher, Sr.DAG, Punjab.
*****
DEEPAK SIBAL, J. (Oral)
(1) In this writ petition Clauses 1(a) and 1(b) of the notification
dated 09.10.2018 and notification dated 08.03.2019 (Annexures P-1 and P-2)
mandating that the Teachers of all cadres whose services are merged and who
are regularized in the Education Department of the Government of Punjab
would draw initial pay in the pay scale plus grade pay of the respective
cadres upto 03 years which was reduced to 02 years in the later notification,
are in challenge.
(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 27.03.2023 passed in a
bunch of petitions in which the lead case was CWP No. 7382 of 2019 -
Rajinder Kumar and others Vs. State of Punjab and others.
(3) Learned State counsel very fairly does not deny the above
assertion.
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(4) In the light of the above, the present petition is also allowed in
terms of the directions as given in Rajinder Kumar's case (supra) which are
as follows:-
"Therefore, for the reasons alike, these Writ Petitions are
also allowed, and the said clauses i.e. Clause 1(a) of the
notification dt.09.10.2018 and notification dt.08.03.2019 insofar
as they provide for payment to such absorbed Teachers the
initial pay in the pay scale + grade pay of the respective cadres
for the period of 3 years/2 years as mentioned in the said
notification, is set aside, and it is declared that the petitioners in
these Writ Petitions are entitled to be paid regular pay scales
along with all other emolument and allowances etc. from the
date of their initial appointments on absorption in the Education
Department, Government of Punjab, and the respondents are
directed to pay arrears to them within three months from today.
It is further directed that the respondents shall count the
period spent on probation as regular service for the purpose of
determination of total length of service of petitioners under the
Service Rules.
As regards the relief of pay protection sought by the
petitioners is concerned, the said issue is left open for
consideration and appropriate case."
(5) No costs.
[DEEPAK SIBAL]
JUDGE
21.09.2023 [SUKHVINDER KAUR]
shamsher JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:124821-DB
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