Punjab-Haryana High Court
Paramjit Singh And Ors vs State Of Punjab And Others on 18 April, 2024
Neutral Citation No:=2024:PHHC:052192
2024:PHHC:052192
CWP-25993-2021 -1-
253 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-25993-2021
Date of decision: 18.04.2024
PARAMJIT SINGH AND ORS. ...PETITIONERS
VERSUS
STATE OF PUNJAB AND ORS. ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. P.K.Goklaney, Advocate for the petitioners.
Ms. Arundhati Kulshreshtha, AAG, Punjab.
Mr. Anupam Singla, Advocate for respondent Nos.2 to 5.
****
NAMIT KUMAR ,J. (ORAL)
1. The instant petition has been filed by the petitioners under Articles
226/227 of the Constitution of India for claiming the following releifs:-
"Under the circumstances, it is, therefore, respectfully
prayed that this Hon'ble Court may be pleased:-
a) to produce the complete records of the case;
b) to issue an appropriate writ, order or
direction especially in the nature of Mandamus
directing the respondents to grant revised pay
scales as recommended by various Pay
Commissions with regard to skilled and semi-
skilled staff in the service of Punjab
Government, in view of the order dated
26.4.2018 passed by this Hon'ble Court in CWP
No.7001 of 2013 titled as Daljeet Singh and
Others Vs. State of Punjab and Others (P-8) and
other connected writ petitions, especially when
the order has attained finality and has been
implemented by the department vide office order
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dated 16.10.2019 (P-10); order dated 16.10.2019
of pay fixation relating to category IV (Annexure
P-11), order dated 21.10.2019 of pay fixation
relating to category III (Annexure P-12) & order
dated 21.10.2019 of pay fixation relating to
category V (Annexure P-13).
c) It is further prayed that the order dated
17.02.2021 (Annexure P-14) & 21.06.2021
(Annexure P-15) may kindly be quashing being
illegal.
d) it is further prayed that the petitioners are
also entitled for the release of interest @ 9% p.a.
from the date when it became due, till its
realization;
e) it is further prayed that this Hon'ble Court
may issue any other appropriate writ, order or
direction which this Hon'ble Court may deem fit
and proper in the peculiar facts and
circumstances of the case;
h) cost of the petition be awarded to the
petitioners."
2. On issuance of notice of motion, short reply on behalf of respondent
Nos.2 to 5 has been filed wherein, it has been stated as under:-
"7. That it has been alleged by the petitioners in
Para No.17 of the writ petition that Department of
Punjab Roadways had revised the pay scales of their
employees in view of the notification dated 04.02.1969
and also in terms of the judgment passed by this
Hon'ble Court.
That with regard to the above, it is
submitted that basically, the petitioners are claiming
pay scales at par with the employees of the
Department of Punjab Roadways who are working on
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technical posts. It is further submitted that in the
respondent corporation the employees of the
corporation are governed under the service
regulations framed by the respondent corporation. It
is further submitted that the employees of the
respondent corporation are getting their salaries in
terms of the recommendations of the pay commissions
issued from time to time. They are also getting their
salaries and promotions in terms of the service
regulations of the respondent corporation. It is also
relevant to mention here that in the service regulations
of the respondent corporation, the educational
qualifications/experience has been prescribed for
different categories of workshop staff, whereas,
qualifications/experience for the staff appointed in the
Department of Punjab Roadways in the workshop
category is different than the same prescribed by the
respondent corporation. Therefore, the staff appointed
by the respondent corporation in the Workshop
Category cannot said to be identical to the staff
appointed by the department of Punjab Roadways.
Even then the technical staff working in the
respondent Corporation is getting the same pay scale
as is being given/paid to the technical staff of the
Department of Punjab Roadways.
8. That as mentioned above, the technical staff
working in the respondent corporation is getting the
same pay scales as is being given to the technical staff
working in the Department of Punjab Roadways.
Therefore, nothing survives for consideration in the
present writ petition and hence the present writ
petition deserves to be dismissed."
3. In view of the stand taken by respondents No.2 to 5 in the written
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statement, counsel for the petitioner does not press the present petition except
the fact that if the petitioners are still aggrieved, they may be permitted to file a
detailed representation to respondent No.2 which shall be considered and
disposed of in a time bound manner.
4. If any, such representation is submitted by the petitioners within a
period of one month from today, the same shall be considered and disposed of
by respondent No.2, within a period of three months thereafter.
5. Disposed of in above terms.
18.04.2024 (NAMIT KUMAR)
renubala JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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