Punjab-Haryana High Court
Gurmail Singh & Ors vs State Of Punjab & Ors on 10 May, 2024
Neutral Citation No:=2024:PHHC:065667
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
217
Date of decision : 10.05.2024
(i) CWP-22418-2014 (O&M)
Gurmail Singh and others ....Petitioners
V/S
The Punjab State Civil Supplies Corp. Ltd. and another ....Respondents
(ii) CWP-17659-2015 (O&M)
Ajaib Singh and others ....Petitioners
V/S
The Punjab State Civil Supplies Corp. Ltd. and another ....Respondents
(iii) CWP-4090-2016 (O&M)
Sukhcahin Singh and others ....Petitioners
V/S
The Punjab State Civil Supplies Corp. Ltd. and another ....Respondents
(iv) CWP-4305-2015 (O&M)
Dalbara Singh and others ....Petitioners
V/S
The Punjab State Civil Supplies Corp. Ltd. and another ....Respondents
(v) CWP-11097-2017 (O&M)
Subash Chand ....Petitioner
V/S
The Punjab State Civil Supplies Corp. Ltd. and others ....Respondents
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. R.K. Arora, Advocate with
Mr. Jugam Arora, Advocate for the petitioner(s)
in CWP-22418-2014, CWP-17659-2015,
CWP-4090-2016 and CWP-4305-2015.
1 of 4
::: Downloaded on - 14-05-2024 02:17:17 :::
Neutral Citation No:=2024:PHHC:065667
CWP-22418-2014 (O&M) 2
and other connected cases
Mr. B.D. Jindal, Advocate
for the petitioner in CWP-11097-2017.
Mr. Surya Kumar, A.A.G., Punjab.
Mr. Manbir Singh Batth, Advocate
for respondents in CWP-22418-2014.
Mr. Birinder Pal, Advocate for the respondents
in CWP-17659-2015 and CWP-4305-2015.
Mr. Maloo Chahal, Advocate
for respondent in CWP-4090-2016.
Ms. Deepali Puri, Advocate
for the respondents No.1 to 3 in CWP-11097-2017.
****
NAMIT KUMAR, J. (ORAL)
1. This judgment shall dispose of all the above-said writ
petitions, as common question of law and facts are involved for
adjudication. For the sake of convenience, facts are taken from CWP-
22418-2014.
2. The petitioners have filed the instant writ petition under
Articles 226/227 of the Constitution of India seeking a writ of certiorari
for quashing the order dated 11.10.2012 (Annexure P-7) and 06.01.2024
(Annexure P-8) to the extent, whereby the claim of the petitioners for
their regularization has been declined; for quashing the action of the
respondents in not making payment of arrears of minimum scale for
three years and two months and for quashing the memo dated
01.10.2014 (Annexure P-15), whereby claim of the petitioners for grant
of annual enhancement in their pay/increment has been declined.
Further sought a writ of mandamus directing the respondents to grant
2 of 4
Neutral Citation No:=2024:PHHC:065667
and other connected cases
the petitioners the benefits of regularization from the due date on
completion of their 10 years of service and to release arrears of salary
for three years and two months in the minimum of pay scale granted to
the petitioners on completion of their 10 years of service and also grant
the petitioners annual suitable enhancement in their pay/salary in the
minimum scale by granting them annual increment.
3. Learned counsel for the parties are ad idem that so far as
the claim of the petitioners for the grant of minimum of the pay-scale
and dearness allowance is concerned, the same is covered by the
judgment passed by Hon'ble Supreme Court in State of Punjab and
others Vs. Jagjit Singh and others : 2016(4) S.C.T. 641, which has
further been clarified in Contempt Petition (Civil) No.399 of 2020 in
Special Leave Petition (Civil) No.25389 of 2011, titled as 'Bahadur
Singh and others Vs. Jaspreet Kaur Talwar and others' decided on
31.05.2023 and followed by this Court in CWP No.36576 of 2019 titled
as 'Seeshan Kumar and another Vs. State of Punjab and others'
decided on 22.05.2023.
4. However, so far as the claim of regularization of the
services of the petitioners is concerned, learned counsel for the
petitioners submits that the petitioners will make a detailed
representation to the respondents within a period of one month from
today and the same may be considered and decided by the respondents-
authorities in time bound manner.
5. Learned counsel for the respondents has no objection to the
3 of 4
Neutral Citation No:=2024:PHHC:065667
and other connected cases
aforesaid prayer made by learned counsel for the petitioners.
6. In view of the above, the present petition, qua the claim of
the petitioners for the grant of minimum of the pay-scale and dearness
allowance, is disposed of in the same terms as in State of Punjab and
others Vs. Jagjit Singh and others : 2016(4) S.C.T. 641.
7 However, the petitioners are held entitled for arrears for 38
months prior to the date of filing of the petition in view of the law laid
down by the Hon'ble Supreme Court in State of Madhya Pradesh and
others Vs. Yogendra Shrivastava : 2010(1) S.C.T. 434. The necessary
benefits shall be released to the petitioners within a period of four
months.
8. In case any representation, claiming regularization, is
submitted by the petitioners within a period of 01 month from today, the
same shall be considered and decided by the competent authority within
a period of 04 months thereafter.
9. Disposed of in the above terms.
10. Pending application, if any, shall stands disposed of
accordingly.
10.05.2024 (NAMIT KUMAR)
kothiyal JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
4 of 4
