Punjab-Haryana High Court
Navinder Kumar And Ors vs State Of Punjab And Anr on 13 March, 2024
Neutral Citation No:=2024:PHHC:036283
CWP-5904-2024 (O&M) 2024:PHHC:036283
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
136
CWP-5904-2024 (O&M)
Date of decision: 13.03.2024
Navinder Kumar and Others
....Petitioners
Versus
State of Punjab and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Arshdeep, Advocate for the petitioners
*****
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
directing the respondents to grant the minimum of the pay scale of the post of
Master to the petitioner instead of consolidated salary of Rs.6,000/-.
2. Learned counsel submits that the claim of the petitioners in the
present petition is for grant of minimum pay scale for the period of contractual
prior to regularisation, while only consolidating amount of Rs.6,000/- was being
paid as also for grant of full pay scale of the post of Master i.e. 10300-
34800+4400 grade pay with allowances during the probation period on completion
of contractual period of three years. Reliance is placed on the judgment of Hon'ble
the Supreme Court in State of Punjab vs. Jagjit Singh, 2016 (4) SCT 641.
Reference is also made to the judgments passed by this Court in Harvinder Singh
and Others vs. State of Punjab and Others in CWP-2031-2016, decided on
21.01.2020, Annexure P-8, whereafter the LPA-29-2021 and other connected
cases filed by the State were dismissed and it was implemented vide order dated
29.11.2023, Annexure P-10 and in another case, also they have implemented vide
order dated 31.01.2024. In Baljinder Kumar and Others vs. State of Punjab
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and Another in CWP-12583-2020, decided on 07.02.2024, this Court disposed of
the petition, in view of the aforesaid judgments by observing in para No.9 that
terming their appointment as contractual, was infact a misnomer and incorporation
of an exploitory condition, was deprecated. In this regard, a representation shall be
submitted within a period of 4 weeks, which may be directed to be decided in a
time bound manner.
3. Notice of motion.
4. At the asking of the Court, Mr. Gagneshwar Walia, Addl. AG, 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 that in case petitioner
submit a representation within a period of 4 months, the same shall be considered
and decided by the respondents taking note of the aforesaid judgments in the cases
of Jagjit Singh (supra), Harvinder Singh and Others (supra) and Baljinder
Kumar and Others (supra) within a period of 4 months and if found entitled,
necessary benefits be granted to the petitioners forthwith.
(AMAN CHAUDHARY)
JUDGE
13.03.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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