Kulvinder Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 5527 P&H

Punjab-Haryana High Court

Kulvinder Singh And Others vs State Of Punjab And Others on 12 March, 2024

             CWP-5753-2024                                              2024:PHHC:034854
                                                                                  1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
             129
                                                                  CWP-5753-2024
                                                                  Date of decision: 12.03.2024

             Kulvinder Singh and others
                                                                                   ....Petitioners
                                                     Versus

             State of Punjab and others
                                                                                      ...Respondents

             CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                               *****

Present : Mr. Ranjivan Singh, Advocate for the petitioners.

***** AMAN CHAUDHARY. J.

1. The prayer in the present Civil Writ Petition filed under Articles

226/227 of the Constitution of India, is to issue a writ in the nature of certiorari,

for quashing the office order dated 05.11.2018, Annexure P-2.

2. Learned counsel would submit that the petitioners are being paid

only fixed emoluments during the period of probation, instead of regular scale

which is covered in their favour by the judgments passed by this Court in

CWP-8922-2017 titled as Gurwinder Singh and others vs. State of Punjab and

others, decided on 13.09.2018, Annexure P-49; CWP-6391-2016 titled as Dr.

Vishavdeep Singh and others vs. State of Punjab and others, decided on

26.10.2018, Annexure P-50 and CWP-17064-2017 titled as Ajay Kumar Singla

and others vs. State of Punjab and others, decided on 16.02.2023, Annexure P-

51. In this regard, a legal notice dated 27.04.2023, Annexure P-52, has been

served upon the respondents, which has yet not evoked any response. Even

thereafter, the Division Bench of this Court in CWP-7099-2023, titled as

Sandeep Kumar and others vs. State of Punjab and others, decided on

16.08.2023, Annexure P-55 has decided the same issue in favour of the

integrity of this order/judgment CWP-5753-2024 2024:PHHC:034854

petitioners. 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.

4. At the asking of the Court, Mr. Manipal Singh Atwal, DAG,

Punjab accepts notice on behalf of the respondent-State and has no objection to

the limited prayer made.

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 the

respondents to consider the legal notice 27.04.2023, Annexure P-52 and decide

the same taking note of the aforesaid judgments within a period of six months

and .

However, in the eventuality of the relief being denied, a speaking order be

passed, after associating them therewith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
             12.03.2024
             Hemant

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







integrity of this order/judgment