Citation : 2024 Latest Caselaw 4688 P&H
Judgement Date : 1 March, 2024
Neutral Citation No:=2024:PHHC:029960
CWP-28744-2023 2024:PHHC:029960 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
295
CWP No. 28744-2023
Date of decision: 01.03.2024
Jarnail Singh & ors. ...Petitioners
vs.
State of Punjab and ors. ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Sunny Singla, Advocate
for the petitioners.
Mr. Swapan Shorey, DAG, Punjab
***
AMAN CHAUDHARY. J.
1. The present civil writ petition has been filed under Articles
226/227 of the Constitution of India for issuance of a writ in the nature of
mandamus or such other appropriate writ, order or directions to the
respondents to grant the petitioners benefit of previous service rendered by
them in the Govt. Aided School towards fixation of their pay on their joining
in the Govt. School.
2. Learned counsel for the petitioners 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-
4629-2015, 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, a legal
notice dated 22.09.2023 (Annexure P-6) has been served upon the
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Neutral Citation No:=2024:PHHC:029960
respondents, which is still pending. 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 decide the same in a
time bound manner by granting them an opportunity of hearing.
5. In view of the aforesaid and without commenting upon the
merits of the case, this petition is hereby disposed of with a direction to
respondent Nos.2 and 3 to look into the legal notice dated 22.09.2023
(Annexure P-6) and decide the same within a period of 6 months considering
the judgment and the order dated 06.12.2023 implementing it, by passing a
speaking order, in accordance with law. In case, the petitioners are found
entitled to the benefits, the same be released to them forthwith.
(AMAN CHAUDHARY) JUDGE 01.03.2024 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:029960
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