Citation : 2024 Latest Caselaw 9576 P&H
Judgement Date : 3 May, 2024
Neutral Citation No:=2024:PHHC:061202
CWP-17494-1998 (O&M) 1 2024:PHHC:061202
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
215
CWP-17494-1998 (O&M)
Decided on :03.05.2024
Jatinder Kumar and others
. . . Petitioners
Versus
State of Punjab and others
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Ms. Manveen Kahlon, Advocate
for petitioner Nos.1, 3 to 5, 7 to 19 and 21 to 26.
Mr. Neeraj Sharma, Advocate for petitioner Nos.2, 6 and 20.
Ms. Neha Sonawane, DAG, Punjab.
*****
VIKAS BAHL, J.(ORAL)
1. This is a Civil Writ Petition filed under Article 226/227 of the
Constitution of India for issuance of a writ, order or direction especially in the
nature of mandamus directing the respondents to regularize the services of the
petitioners on the posts on which they are working and further directing the
respondents to grant minimum pay scale to the petitioners on the post on which
they are working since long.
2. Learned counsel for the petitioners have submitted that the case of the petitioners is squarely covered by the judgment of the Hon'ble Supreme Court in State of Punjab and others Vs. Jagjit Singh and others, reported as 2016 (4) S.C.T. 641, and have further submitted the petitioners would be satisfied at this stage in case, the case of the petitioners is considered by the competent authority of respondent No.1-State in view of the abovesaid judgment.
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Neutral Citation No:=2024:PHHC:061202
CWP-17494-1998 (O&M) 2 2024:PHHC:061202
3. Learned State counsel has submitted that the competent authority of
respondent No.1-State would consider the case of the petitioners in accordance
with law within a period of three months from the date of receipt of certified copy
of the present order and while considering the said case, the authority would take
into consideration the law laid down by the Hon'ble Supreme Court in the
abovesaid judgment.
4. Keeping in view the abovesaid facts and circumstances, the present
Civil Writ Petition is disposed of with direction to the competent authority of
respondent No.1-State to consider the case of the petitioners within a period of
three months from the date of receipt of certified copy of the present order and
while considering the same, would also take into consideration the law laid down
by the Hon'ble Supreme Court in State of Punjab's case (supra) and in case, the
pleas raised by the petitioners are found to be meritorious then competent
authority would grant necessary relief immediately thereafter, in accordance with
law and in case, competent authority is of the opinion that the pleas raised by the
petitioners are not meritorious then a speaking order rejecting the same be passed
within a period of three months from the date of receipt of certified copy of the
present order.
5. All the pending miscellaneous applications, if any, shall stand
disposed of in view of the abovesaid order.
(VIKAS BAHL) JUDGE 03.05.2024 pawan
Whether speaking/reasoned:- Yes/No
Whether reportable: Yes/No
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