Citation : 2024 Latest Caselaw 8433 P&H
Judgement Date : 22 April, 2024
Neutral Citation No:=2024:PHHC:053722
2024:PHHC:053722
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
141
CWP-8892-2024 (O&M)
Date of decision: 22.04.2024
Pirthi Pal Singh and Another
....Petitioners
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Riti Aggarwal, Advocate for the petitioners
*****
AMAN CHAUDHARY. J. (ORAL)
1. The present petition has been filed for directing the respondents for
grant the benefit of previous service rendered by the petitioners in the Govt. Aided
recognised Schools towards fixation of their pay.
2. Learned counsel for the petitioner submits that the benefit of previous
service rendered 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-4629-2012, 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 wake of
the above, legal notice dated 21.12.2023, Annexure P-6, has been served upon
respondents, which has yet not evoked any response. He thus, at this stage, on
instructions, submits that the petitioners are sanguine of it being considered in a
positive manner, in case, a direction is given to the respondents to decide the same
in a time bound manner by granting them an opportunity of hearing.
3. Notice of motion.
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Neutral Citation No:=2024:PHHC:053722
CWP-8892-2024 (O&M) -2-
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 above and without commenting on the merits of the
case, this petition is hereby disposed of with a direction to the respondents to
decide the legal notice dated 21.12.2023 in light of the afore-referred judgment,
within a period of 6 months, which this Court has no reason to believe the
authorities would not address in a just, fair and reasonable manner. Upon doing so,
after notice and hearing offered to them and if found entitled, grant the benefit
forthwith. Needless to say, if the orders are adverse to their interest, the same shall
contain reasons and the petitioners shall be free to seek legal redress thereupon.
(AMAN CHAUDHARY)
JUDGE
22.04.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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