Rattan Lal Sharma vs State Of Punjab & Ors
2024 Latest Caselaw 10828 P&H

Punjab-Haryana High Court

Rattan Lal Sharma vs State Of Punjab & Ors on 4 July, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                        Neutral Citation No:=2024:PHHC:082749




CWP-3559-1997                    1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(201)                            CWP-3559-1997
                                 Date of Decision : July 04, 2024


Rattan Lal Sharma                                           .. Petitioner


                                 Versus

State of Punjab and others                                  .. Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. P.S. Khurana, Advocate and
             Mr. Navrajdeep Singh, Advocate, for the petitioner.

             Mr. Swapan Shorey, Deputy Advocate General, Punjab.

HARSIMRAN SINGH SETHI J. (ORAL)

1. In the present writ petition, the grievance being raised by the

petitioner is that the petitioner is entitled for step up of his salary equivalent

to the similarly situated employees who were also having the postgraduate

qualification and they had obtained the same after the petitioner but were

drawing higher salary than the petitioner.

2. Learned counsel for the petitioner submits that even the junior

employees who were granted the benefit of higher scale on account of

postgraduate qualification were also drawing salary more than the petitioner

though the petitioner is also having the postgraduate qualification.

3. Learned counsel for the petitioner further submits that question

of law raised in the present writ petition has already been decided by the

Coordinate Bench of this Court while passing order in CWP No.17005 of

1989 titled as Rawail Singh vs. State of Punjab and another, decided on

01.03.1995 and the respondents are under an obligation to consider the

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Neutral Citation No:=2024:PHHC:082749

claim of the petitioner in light of the said judgment.

4. Learned State counsel submits that though the State had taken

time to go through the said judgment but in case the present petition is

disposed of with a direction to the State to pass an appropriate order on the

claim of the petitioner by taking into consideration the judgment of the

Coordinate Bench in Rawail Singh's case (supra), appropriate order on the

claim of the petitioner will be passed within a period of eight weeks of the

receipt of copy of this order and in case, it is found that the petitioner is

entitled for any relief, the same will be extended to him otherwise due

reasons will be mentioned in the speaking order for not accepting the claim

of the petitioner for his information and necessary action.

5. Learned counsel for the respondents submits that while passing

the fresh order, impugned order dated 11.06.1996 (Annexure P-2) will be

ignored.

6. Learned counsel for the respondents submits that keeping in

view the statement of learned State counsel, the present writ petition may

kindly be disposed of having been not pressed any further with direction to

the State to pass an appropriate order as undertaken.

7. Ordered accordingly.

July 04, 2024                    (HARSIMRAN SINGH SETHI)
harsha                                  JUDGE

             Whether speaking/reasoned : Yes/No
             Whether reportable       : Yes/No




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