Himani Sharma And Ors vs State Of Punjab And Others
2024 Latest Caselaw 4826 P&H

Punjab-Haryana High Court

Himani Sharma And Ors vs State Of Punjab And Others on 4 March, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                                   Neutral Citation No:=2024:PHHC:030568




CWP-8980-2022(O&M)                       1           2024:PHHC:030568

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH
                      ***

                                               CWP-8980-2022(O&M)
                                               Date of decision : 04.03.2024

Himani Sharma and others

                                                     ... Petitioners

                   Versus

State of Punjab and others

                                                     ... Respondents

CORAM:      HON'BLE MR.JUSTICE VIKAS BAHL

Present:    Mr.Vipin Mahajan, Advocate
            for the petitioners.

            Ms.Neha Sonawane, DAG, Punjab.

            Mr.Rajeev Ananad, Advocate
            for respondents no.2 to 7.

VIKAS BAHL, J.(ORAL)

1. This is a civil writ petition filed under Article 226 of the

Constitution of India for issuance of a writ in the nature of certiorari for

quashing the clause /conditions of the appointment letters issued on various

dates i.e., 30.03.2016, 04.07.2016, 24.03.2017, 10.05.2017, 31.05.2017,

24.11.2017, 23.04.2018, 13.08.2018, 20.08.2018, 04.12.2018, 15.03.2019,

06.04.2019 and 20.08.2021 (Annexures P-1 to P-1/50) issued to each of the

petitioners wherein it has been stated that during the probation period, the

petitioners would be paid fixed emoluments equal to minimum of the pay

band without any grade pay or any allowance during the period of probation

in terms of Punjab Government notification dated 15.01.2015 (Annexure P-

2) in view of the fact that the aforesaid notification has been quashed by a

Division Bench of this Court.

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                                                         Neutral Citation No:=2024:PHHC:030568




CWP-8980-2022(O&M)                           2            2024:PHHC:030568

2. Learned counsel for the petitioners has referred to the

communication dated 24.05.2023 (Annexure P-12) issued by the Registrar

General, Punjab and Haryana High Court, Chandigarh to the Assistant

Registrar, Writs Branch, according to which, the judgment passed by the

Division Bench of this Court in CWP No. 17064 of 2017 titled as "Ajay

Kumar Singla and others vs. State of Punjab and others", decided on

16.02.2023, has been decided to be implemented qua the employees posted

in the Sessions Divisions in the State of Punjab with the condition that an

undertaking be taken from the employees to the effect that in case the

judgment is set aside by the Hon'ble Apex Court at the instance of State of

Punjab, they shall refund the amount. The issuance of the said letter has not

been disputed on behalf of the State.

3. Learned counsel for the petitioners has submitted that the

present petition be disposed of in the light of the said communication.

4. Ordered accordingly.

5. Pending application(s), if any, stand disposed of in view of the

abovesaid order.

                                                    (VIKAS BAHL)
                                                       JUDGE
March 04, 2024
Davinder Kumar

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




                                                        Neutral Citation No:=2024:PHHC:030568

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