Punjab-Haryana High Court
Kulbir Singh And Ors vs State Of Haryana And Others on 25 January, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:010411
CWP-4835-2020 and CWP-6261-2020
2024:PHHC:010411
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(Sr. No. 215)
(1) CWP-4835-2020
Date of Decision : 25.01.2024
Kulbir Singh and others
...Petitioners
Versus
State of Haryana and others
...Respondents
(2) CWP-6261-2020
Rajesh Kumar and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. R. N. Lohan, Advocate for the petitioners.
Mr. Saurabh Mohunta, Deputy Advocate General, Haryana.
***
Harsimran Singh Sethi J. (Oral)
In the present petitions, the grievance of the petitioners is
that the action of the respondents in denying them the benefit of annual
increment after one year of their initial appointment is bad, hence the
order dated 13.12.2019 (Annexure P-27) is liable to be set-aside.
Learned counsel for the petitioners submits that keeping in
view reply given, in paragraph 3, it has already been stated that the
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benefit of regular pay scale has already been given to the petitioner from
the date of appointment and the arrears have been given from 01.04.2023
in compliance of the judgment of the Hon'ble Supreme Court of India
passed in Civil Appeal Nos. 7391-95 of 2013, dated 31.01.2017 and the
present petitions have already been rendered infructuous.
Learned counsel for the petitioners further submits that as
per his information though the pay-scale has been given but the
petitioners have not been granted the benefit of increment upon the grant
of regular pay-scale from the date of their initial appointment.
Learned counsel for the respondents submits that once the
regular pay-scale has been given to the petitioners from the date of their
initial appointment, it cannot be said that the benefit of increment has not
been given to the petitioners. Learned counsel for the respondents further
submits that in case the petitioners have not got any increment, let them
file a representation with the authorities concerned raising the said claim
and in case, any such representation is received from the petitioners for
consideration of their claim regarding increment, an appropriate
consideration will be given to the said claim of the petitioners and an
appropriate speaking order will be passed within a period of 08 weeks
from the date of receipt of any such claim from the petitioners and in
case, after the decision, the petitioners are found entitled for any benefit
including interest, the same will be extended to them within a further
period of four weeks and in case the benefit of increment has already
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been extended to the petitioners, an appropriate detailed order will be
passed for the information and consideration of the petitioners.
Learned counsel for the petitioners submits that keeping in
view the statement of learned State counsel, the present petition may
kindly be disposed of having been not pressed any further with liberty to
file a representation with respondents so as to raise all the claims as
raised in the present petition.
Ordered accordingly.
A photocopy of this order be placed on the file of connected
cases.
January 25th, 2024 (HARSIMRAN SINGH SETHI)
Riya JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:010411
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