Citation : 2024 Latest Caselaw 6716 P&H
Judgement Date : 1 April, 2024
Neutral Citation No:=2024:PHHC:043315
CWP-7194-2024 2024:PHHC:043315 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
121
CWP No.7194-2024 (O&M)
Date of decision: 01.04.2024
Vijay Singh ...Petitioner
vs.
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. SK Rattan, Advocates for the petitioner.
***
AMAN CHAUDHARY. J.(Oral)
1. The present Civil Writ Petition has been filed under Articles
226 of the Constitution of India for issuance of a writ in the nature of
mandamus directing the respondents to grant the benefit of pay protection at
the time of joining Govt. school from the Govt Aided School.
2. Learned counsel submits that the benefit of previous service
rendered by the petitioner in Government aided schools towards fixation of
their pay upon having joined the Government schools with consequential
benefits was granted to similarly situated in terms of the judgment of this
Court in Sunil Kumar Sharma and Others vs. State of Punjab in CWP-
4629-2015, whereby a batch of petitions were allowed on 19.02.2018,
Annexure P-3 against which the LPA and SLP, both stand dismissed and it
was implemented vide order dated 06.12.2023. In this regard, a legal notice
dated 27.12.2023 (Annexure P-5) has been served upon the respondents,
which has yet not evoked any response. He thus, at this stage, on
instructions, submits that the petitioner is sanguine of it being considered in
a positive manner, in case, a direction is given to the respondents to decide
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Neutral Citation No:=2024:PHHC:043315
the same in a time bound manner by granting him an opportunity of hearing.
3. Notice of motion.
4. At the asking of the Court, Mr. Arun Gupta, DAG, Punjab
accepts notice on behalf of the respondent-State and has no objection to the
limited prayer made.
5. In view of the aforesaid and without commenting upon the
merits of the case, this petition is hereby disposed of with a direction to
respondents to decide the legal notice dated 27.12.2023, Annexure P-5,
taking note of the judgment referred to above as also the pleas raised within
a period of 4 months and if found entitled, necessary benefit be granted to
him forthwith.
(AMAN CHAUDHARY)
JUDGE
01.04.2024
ashok
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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