State Of Punjab And Ors vs Phuman Singh And Ors
2024 Latest Caselaw 6717 P&H

Punjab-Haryana High Court

State Of Punjab And Ors vs Phuman Singh And Ors on 1 April, 2024

Author: Sanjeev Prakash Sharma

Bench: Sanjeev Prakash Sharma

                                   Neutral Citation No:=2024:PHHC:042970-DB
LPA-502-2015 (O&M)                                                      2024:PHHC:042970-DB
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222

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
                                                             LPA-502-2015 (O&M)
                                                        Date of Decision: 01.04.2024

The State of Punjab and another
                                                                        . . . . Appellants
                                           Vs.
Phuman Singh and others
                                                                     . . . . Respondents
                                   ****
CORAM:       HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
             HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
                                   ****
Present:     Mr. Arjun Sheoran, DAG, Punjab.

                          ****
SANJEEV PRAKASH SHARMA, J.(Oral)

1. Learned counsel for the State fairly concedes that the law has now

been settled by the Supreme Court in the case of State of Punjab and

others vs. Jagjit Singh and others, reported in 2016(4) S.C.T. 641,

and the present case has to be covered by the said judgment, as the

judgment in State of Punjab and others vs. Rajinder Kumar and others

cited by the learned Single Judge in the impugned order was also a

subject matter before the Supreme Court in Civil Appeal No.222 of

2013 which was commonly decided by the Supreme Court in the case

of Jagjit Singh and others (supra).

2. Having noticed the submissions as above, we accordingly dispose of

this appeal and hold that the impugned judgment dated 26.04.2014

passed in CWP No.17396 of 2008 would now be governed by the

judgment passed by the Supreme Court in Jagjit Singh and others

(supra), wherein the Supreme Court has held as under:

"52. In view of all our above conclusions, the decision rendered by the full bench of the High Court in Avtar Singh v. State of Punjab & Ors. (CWP no. 14796 of 2003), dated 11.11.2011, is liable to be set aside, and the same is hereby set

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Neutral Citation No:=2024:PHHC:042970-DB LPA-502-2015 (O&M) 2024:PHHC:042970-DB

aside. The decision rendered by the division bench of the High Court in State of Punjab & Ors. v. Rajinder Singh & Ors. (2009(4) S.C.T. 88: LPA no. 337 of 2003, decided on 7.1.2009) is also liable to be set aside, and the same is also hereby set aside. We affirm the decision rendered in State of Punjab & Ors. v. Rajinder Kumar (LPA по. 1024 of 2009, decided on 30.8.2010), with the modification, that the concerned employees would be entitled to the minimum of the pay-scale, of the category to which they belong, but would not be entitled to allowances attached to the posts held by them."

3. LPA stands disposed of accordingly.

4. All pending applications also stand disposed of.

(SANJEEV PRAKASH SHARMA) JUDGE

(SUDEEPTI SHARMA) JUDGE April 01, 2024 Mohit goyal

1. Whether speaking/reasoned? Yes/No

2. Whether reportable? Yes/No

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