Punjab-Haryana High Court

Tarsem Kaur vs State Of Punjab And Others on 3 May, 2024

               CWP-10052-2024                       2024:PHHC:061194                            1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
               109
                                                                CWP-10052-2024
                                                                Date of decision: 03.05.2024

               Tarsem Kaur
                                                                                   ....Petitioner
                                                    Versus

               State of Punjab and others
                                                                                  ...Respondents


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

               Present :           Mr. Vikas Kumar Gupta, Advocate
                                   for the petitioner.

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

1. The prayer made in the present petition is for directing the

respondents to grant benefit of previous service rendered by the petitioner in

Government Aided Schools towards fixation of her pay on her joining.

2. Learned counsel would submit that the benefit of previous

service rendered by the petitioner in Government aided schools towards

fixation of her 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, 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 06.12.2023, Annexure P-1, has been served upon the respondents,

which has yet not evoked any response. He thus, at this stage, on instructions,

submits that the petitioner is sanguine of it being considered in a positive

manner, in case, a direction is given to the respondents to decide the same in a

integrity of this order/judgment

time bound manner by granting her an opportunity of hearing.

3. Notice of motion.

4. At the asking of the Court, Mr. Amarpreet Singh Bains, AAG,

Punjab accepts notice on behalf of the respondent-State and has no objection

to the limited prayer made.

5. In view of the above and without commenting on the merits of

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

to decide the legal notice 06.12.2023, Annexure P-1, in light of the afore-

referred judgment, within a period of 6 months, which this Court has no

reason to believe the authorities would not address in a just, fair and

reasonable manner. Upon doing so, after notice and hearing offered to her and

if found entitled, grant the benefit forthwith. Needless to say, if the orders are

adverse to her interest, the same shall contain reasons and the petitioner shall

be free to seek legal redress thereupon.





                                                                    (AMAN CHAUDHARY)
                                                                         JUDGE
               03.05.2024
               Hemant

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







integrity of this order/judgment