Saroj Bala And Ors vs State Of Punjab Through The Secy. To ...
2024 Latest Caselaw 6366 P&H

Punjab-Haryana High Court

Saroj Bala And Ors vs State Of Punjab Through The Secy. To ... on 20 March, 2024

                                       Neutral Citation No:=2024:PHHC:039952



                                            2024:PHHC:039952
             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
206
                                                      CWP-6502-1998 (O&M)
                                                      Date of decision: 20.03.2024

Saroj Bala and Others
                                                                        ....Petitioners
                                Versus

State of Punjab Through The Secy. to Govt. and Ors.
                                                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                  *****
Present : Mr. R.K. Arora, Advocate for the petitioners

       Mr. Manipal Singh Atwal, DAG Punjab
                              *****
AMAN CHAUDHARY. J. (ORAL)

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 extend the petitioner the benefit of the judgment

rendered by this Court in CWP-3490-1991, upheld by Hon'ble the Supreme Court

vide its decision dated 15.04.1996.

2. Learned counsel submits that the petitioners, who were working as

JBT teacher, had acquired the required qualification of Gyani/Prabhakar. In terms

of the instructions dated 23.07.1957, Annexure P-1, they were granted the pay

scale of classical and vernacular teachers. It is on 17.02.1989, the pay scale of the

C&V teachers were revised, however, the petitioners were not granted the same.

This issue decided by this Court in CWP-3490-1991, granting relief to similarly

situated employees, vide judgment dated 06.09.1991, Annexure P-4, against which

the SLP was dismissed by Hon'ble the Supreme Court vide judgments dated

15.04.1996, Annexure P-5 as well as review petition on 24.07.1997, Annexure P-

6, whereafter it was implemented vide orders dated 28.08.1997 and 27.09.1997,

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Neutral Citation No:=2024:PHHC:039952

CWP-6502-1998 (O&M) -2-

Annexure P-8 and P-10. In the reply to the legal notice as also in the written

statement, plea of pending of Civil Appeal Nos.6523-6524 of 1995 titled as State

of Punjab vs. Suresh Chander and Others, was taken, which now stands

dismissed by Hon'ble the Supreme Court vide judgment dated 30.04.2003. He

thus, on instructions, submits that respondents may be directed to decide the claim

based on the above in a time bound manner.

3. Learned State counsel has no objection to the limited prayer made.

4. In view of the aforesaid and without commenting upon the merits of

the case, this petition is hereby disposed of with a direction to respondents to

consider and decide the claim of the petitioners, taking note of the judgments

referred to above as also the orders dated 28.08.1997 and 27.09.1997, Annexure

P-8 and P-10, within a period of 6 months and if found entitled, necessary benefits

be granted to the petitioners forthwith.

                                                   (AMAN CHAUDHARY)
                                                         JUDGE
20.03.2024
M.Kamra

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




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