Imninder Kaur vs State Of Punjab And Others
2024 Latest Caselaw 20624 P&H

Punjab-Haryana High Court

Imninder Kaur vs State Of Punjab And Others on 20 November, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                        Neutral Citation No:=2024:PHHC:151928




CWP-31238-2024                          -1-

               IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

123                                             CWP-31238-2024
                                                Date of Decision :20.11.2024


Imninder Kaur                                                    ...Petitioner


                                 Versus



State of Punjab and others                                       ...Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Munish Bhardwaj, Advocate for the petitioner.

             Mr. Swapan Shorey, DAG, Punjab.

                          ***

Harsimran Singh Sethi, J. (Oral)

Learned counsel for the petitioner submits that keeping in view

the rules governing the service for the post of Clerk, the petitioner is entitled

for the pay scale of Rs.10300-34800+3200 grade pay, which benefit is not

being given to the petitioner though, the other Clerks, who have been

appointed in the same selection process are getting the said benefit, which

action on the part of the respondents is totally arbitrary and illegal.

Learned counsel for the petitioner further submits that the

benefit is being denied to the petitioner on the basis of the instructions dated

17.07.2020 (Annexure P/10) issued by the respondent-State, which

instructions have already been considered by this Court while passing order

in CWP No.15896-2023 titled as "Saurabh Sharma and others vs. State of

Punjab and another, decided on 13.09.2024 wherein, it has been held that

the instructions dated 17.07.2020 will not supersede the rules governing the

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Neutral Citation No:=2024:PHHC:151928

service and the salary is to be paid as per the rules governing the service

hence, the impugned order dated 12.09.2024 (Annexure P/17) rejecting the

claim of the petitioner by ignoring the rules governing the service is liable to

the set aside.

Notice of motion.

Mr. Swapan Shorey, DAG, Punjab, who is present in the Court,

accepts notice on behalf of the respondents.

Learned counsel for the respondents submits that the impugned

order dated 12.09.2024 (Annexure P/17) may kindly be treated as withdrawn

with liberty to the respondents to pass a fresh speaking order by taking into

consideration the judgment passed by this Court in Saurabh Sharma's case

(supra), which order will be passed within a period of 08 weeks from the

date of receipt of copy of this order.

Learned counsel for the petitioner submits that keeping in view

the statement of learned State counsel, the present writ petition may kindly

be disposed of having been not pressed any further, at this stage.

Ordered accordingly.

November 20, 2024                    (HARSIMRAN SINGH SETHI)
aarti                                         JUDGE
          Whether speaking/reasoned : Yes/No
          Whether reportable :         Yes/No




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