Punjab-Haryana High Court
Anju Ajmani vs State Of Haryana And Others on 12 March, 2024
Neutral Citation No:=2024:PHHC:035026
2024:PHHC:035026
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
108
CWP-660-2024 (O&M)
Date of decision : 12.03.2024
Anju Ajmani ....Petitioner
V/S
State of Haryana and others ....Respondents
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Saurabh Bajaj, Advocate for the petitioner.
Mr. Saurabh Mohunta, D.A.G., Haryana.
****
NAMIT KUMAR, J. (ORAL)
CM-2173-CWP-2024
Prayer in the instant application filed under Section 151 of
CPC is for placing on record copy of re-fixation of pay and copy of
order dated 17.02.2023 passed by this Court as Annexures P-15 and P-
16.
Allowed as prayed for subject to all just exceptions.
CM-2415-CWP-2024
Prayer in the instant application filed under Section 151 of
CPC is for placing on record copy of order dated 28.04.2021 passed by
respondent No.2 as Annexure P-17.
Allowed as prayed for subject to all just exceptions.
CWP-660-2024
1. The petitioner has filed the instant writ petition under
Articles 226/227 of the Constitution of India for restraining the
1 of 3
Neutral Citation No:=2024:PHHC:035026
2024:PHHC:035026
respondent-authority from withdrawing any benefit from the pay scale
of the petitioner on account of judgment dated 05.01.2021 (Annexure P-
6) passed in CWP No.11686 of 2004, whereby it was held that the ACP
Scheme would be applicable to the employees of Government Schools
only and not to the employees of Government Aided Schools. Further a
writ of mandamus is sought for directing the respondents to implement
the instructions issued by the Government vide letters dated 22.10.2003
and 16.07.2003 (Annexure P-1C and P-7) to all the Government Aided
School in the State of Haryana for giving the higher pay scale after 10-
20 years of services.
2. On 24.01.2024, the following order was passed :-
"The grievance of the petitioner is that in the wake
of judgment passed by this Court in CWP-11686 of 2004 -
Haryana State Adhyapak Sangh v. State of Haryana and
others - decided on 05.01.2021, wherein it has been held
that the petitioner(s) therein are not entitled for the benefit
of ACP Scheme, higher standard pay scale already granted
to the petitioner is being withdrawn and recovery is being
effected from the salary of the petitioner. However, no
document has been placed on record to show that the
benefit of higher standard pay scale already granted to the
petitioner is being withdrawn.
Faced with this situation, learned counsel for the
petitioner seeks time to place on record the necessary
documents.
Adjourned to 9.2.2024."
3. I have perused the file and there is no document on the file
including the letter dated 28.04.2021 (Annexure P-17), on which the
2 of 3
Neutral Citation No:=2024:PHHC:035026
2024:PHHC:035026
reliance is being placed by learned counsel for the petitioner, that
recovery may be effected from the petitioner. The said letter is dated
28.04.2021 and even after a lapse of about three years, no recovery has
been ordered against the petitioner.
4. In view of the above, the present petition is dismissed,
being premature.
12.03.2024 (NAMIT KUMAR)
kothiyal JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
Neutral Citation No:=2024:PHHC:035026
3 of 3
