Narinder Singh vs State Of Punjab And Ors
2024 Latest Caselaw 6347 P&H

Punjab-Haryana High Court

Narinder Singh vs State Of Punjab And Ors on 20 March, 2024

                                         Neutral Citation No:=2024:PHHC:040027



                                      2024:PHHC:040027
        IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH

136                                              CWP-3730-2024
                                                 Date of decision: 20.03.2024

NARINDER SINGH                                               ....PETITIONER
                                  Vs.
STATE OF PUNJAB AND ORS                                      ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:       Mr. Raj Karan Singh Verka, Advocate
               for the petitioner.

               Mr. Aman Dhir, DAG, Punjab.
                     ****

JAGMOHAN BANSAL, J (ORAL)

1. The petitioner through instant petition under Articles 226/227 of the

Constitution of India is seeking setting aside of order dated 12.11.2022

(Annexure P-2) whereby his claim for back wages and other service benefits has

been denied.

2. The petitioner, owing to a criminal case, was dismissed from

service and thereafter vide order dated 12.11.2022 (Annexure P-2) was

reinstated in compliance of judgment/decree dated 15.05.2017 passed by Civil

Judge (Junior Division), Amritsar. The petitioner claimed back wages. His claim

came up for consideration before Additional District Judge, Amritsar who vide

order dated 30.11.2017 held that petitioner during the period in question has not

performed duty. Thus, he is not entitled to back wages and other service benefits

as a matter of right. The respondent vide order dated 12.11.2022 (Annexure P-2)

reinstated the petitioner, however, observed that he is not entitled to back wages

and other service benefits for the period between his discharge and rejoining of

duty.

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Neutral Citation No:=2024:PHHC:040027

3. Mr. Raj Karan Singh Verka, Advocate submits that respondent is

duty bound to pay salary w.e.f. 12.11.2022 as he has been reinstated. He further

confirms that petitioner has joined duty but is not getting salary.

4. Mr. Aman Dhir, DAG, Punjab expressed his inability to controvert

the fact that petitioner after rejoining duty cannot be denied salary. He may not

be entitled to back wages but from the date of joining, he is entitled to salary.

5. The petition is hereby disposed of with a direction to respondents to

release salary of the petitioner within six weeks' from today from the date of

joining till date.

6. It is hereby made clear that petitioner would not be entitled for the

salary for the period he has not worked after 12.11.2022.

20.03.2024                                       [JAGMOHAN BANSAL]
manoj                                                JUDGE

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




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