Davinder Sharma And Others vs State Of Punjab And Others
2024 Latest Caselaw 6584 P&H

Punjab-Haryana High Court

Davinder Sharma And Others vs State Of Punjab And Others on 22 March, 2024

               CWP-7007-2024                          2024:PHHC:041905                       1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
               124
                                                                   CWP-7007-2024
                                                                   Date of decision: 22.03.2024

               Davinder Sharma and others
                                                                                       ....Petitioners
                                                      Versus

               State of Punjab and others
                                                                                      ...Respondents


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

               Present :           Ms. Bandana Dogra, Advocate
                                   for the petitioners.

                          *****
               AMAN CHAUDHARY. J (ORAL).

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

mandamus, for directing the respondents to grant benefit of previous service

rendered by the petitioners in Government Aided Schools towards fixation of

their pay on their joining.

2. Learned counsel would submit that the benefit of previous

service rendered in Government aided schools towards fixation of their pay

upon having joined the Government schools with consequential benefits was

granted to similarly situated in terms of the judgment of this Court in Sunil

Kumar Sharma and Others vs. State of Punjab in CWP-4629-2015,

whereby a batch of petitions were allowed on 19.02.2018, Annexure P-3

against which the LPA and SLP, both stand dismissed and it was implemented

vide order dated 06.12.2023. In wake of the above, a legal notice dated

13.02.2024, Annexure P-6, has been served upon the respondents, which has

yet not evoked any response. She thus, at this stage, on instructions, submits

integrity of this order/judgment

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. Charanpreet Singh, AAG, 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 dated 13.02.2024, Annexure P-6 and

decide the same taking note of the aforesaid judgment and order dated

06.12.2023, referred to, by the petitioners, within a period of six months and if

found entitled, necessary benefit be granted to them forthwith. However, in

the eventuality of the relief being denied, a speaking order be passed, after

associating the petitioners therewith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
               22.03.2024
               Hemant

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







integrity of this order/judgment