Punjab-Haryana High Court
Amrit Kaur And Another vs Punjab School Education Board And ... on 10 May, 2024
Neutral Citation No:=2024:PHHC:065651
CWP-10193-2020 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
209
WP-10193-2020 (O&M)
C
Date of decision: 10.05.2024
Amrit Kaur and another
....Petitioners
Versus
Punjab School Education Board and another ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. K.L. Arora, Advocate for the petitioners.
r. R.S. Kalra, and
M
Ms. Mona Yadav, Advocates for the respondents.
*****
AMAN CHAUDHARY, J. (Oral)
1. The prayer made in the present petition is for directing the
respondents to continue the petitioners on the post advertised, whereunder they
were selected and appointed, as well to direct themtogiveoneweeklyrestwith
wages, along with full salary for each month without any deduction.
2. Learnedcounselcontendsthatpursuanttoanadvertisementissuedin
January 2001, Annexure P-1, the petitioners were appointedasHelpers-ClassIV
by the Selection Committee on 07.03.2001, Annexure P-2, however, have been
made toworkonhigherpostofClerkwhilebeingpaidwagesofHelpers,asalso
deducting salary for the weekend, in which regard, hehasreferredtoAnnexures
P-9 to P-9/6 and Annexures P-11 to P-11/2. Their claim is covered by the
judgment of this Court in Hardev Singh and another vs. State of Punjaband
others, CWP-13002-2012, decided on 06.12.2012, against which the LPA and
SLP, both stand dismissed, vide judgment dated 09.04.2014 and 27.07.2015,
respectively, affirming the same. The relevant paras of Hardev Singh and
another(supra)read thus:
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Neutral Citation No:=2024:PHHC:065651
CWP-10193-2020 (O&M)
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"It is by now well settled that any employee, who is
called upon to discharge the work and duties of a higherpost
would be entitled to the pay and emoluments of such higher
post. Reference in this regard may be made to a judgment of
the Hon'ble Apex Court in the case of Smt. P. Grover Vs.
State ofHaryana&others1983(3)SLR474.Inthecaseof
Smt.P.Grover(Supra),thepetitionerthereinhadbeengranted
the officiating charge of the District Education Officer with a
clear stipulation that she wouldcontinuetodrawhersalaryas
per pay scales on the lower postandithadbeencategorically
held that the denial of the scale of the post of District
Education Officer, the officiating charge of which had been
granted to her, was arbitrary and not justified.
Accordingly, the present writ petition is allowed. The
petitioners are held entitled tothepay/emolumentsofthepost
ofJuniorEngineersfortheperiodthattheyheldtheadditional
charge of such higher post i.e.fortheperiodfrom14.07.2009
to 21.05.2012 in respect of petitioner no.1 and for the period
from 18.08.2008 to 21.05.2012 in respect of petitioner no.2.
The requisite benefits be calculated and released to the
petitioners within a period of two months from the date of
receipt of a certified copy of this order."
3. Learned counsel, at this stage, on instructions, submits that for the
said claims, the petitioners would file arepresentation,whichmaybedirectedto
be decided in a time bound manner.
4. Learned counsel for the respondents has no objection to the limited
prayer made.
5. Inviewoftheaboveandwithoutcommentinguponthemeritsofthe
case,thispetitionisherebydisposedofwithadirectionthatincasethepetitioners
submitrepresentationwithinaperiodof4weeks,thesameshallbedecidedbythe
respondents considering the aforesaid judgment, within four months, which this
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Neutral Citation No:=2024:PHHC:065651
CWP-10193-2020 (O&M)
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Courthasnoreasontobelievetheauthoritieswouldnotaddressinajust,fairand
reasonablemanner.Upondoingso,afternoticeandhearingofferedtothemandif
found entitled, grant the benefit forthwith. Needless to say, if the orders are
adversetotheirinterest,thesameshallcontainreasonsandthepetitionersshallbe
free to seek legal redress thereupon.
6. Pending applications, if any, also stand disposed of.
(AMAN CHAUDHARY)
JUDGE
1 0.05.2024
Hemant
hether speaking/reasoned :
W es / No
Y
Whether reportable : Yes / No
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