Punjab-Haryana High Court
Kulwinder Kaur And Ors vs State Of Punjab And Ors on 22 November, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:154619
CWP-19252-2020 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-19252-2020 (O&M)
Date of Decision: November 22, 2024
Kulwinder Kaur and others .... Petitioners
Versus
State of Punjab and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: - Mr. Ashok Kumar Arora, Advocate
for the petitioner.
Mr. Sarthak Gupta, Advocate
for respondent Nos. 5 to 8.
Mr. Baldev Singh Maan, Advocate
for respondent Nos. 4, 9 & 10.
Mr. Amanpreet Singh Bains, AAG, Punjab.
****
HARSIMRAN SINGH SETHI, J. (ORAL)
1. In the present petition, the claim of the petitioner is that they are
entitled for promotion under Punjab Civil Services (Promotion of Stenographer
and Steno Typist) Rules 1961 by ignoring the Punjab Civil Services (General and
Common Conditions of Service) Rules 1994.
2. Learned counsel for the petitioner has placed reliance upon the
judgment of the co-ordinate Bench in CWP-12435-2015 titled as Gurwinder
Singh and another Vs. State of Punjab and others decided on 27.01.2023.
3. Learned counsel for the private respondents submits that the said
issue has already been decided by the Division Bench of this Court while passing
an order in CWP-26078 of 2016 titled as Balwinder Singh Vs. State of Punjab
decided on 07.03.2017. Learned counsel for the private respondents has further
submitted that the same issue has also been decided by another co-ordinate Bench
of this Court in the judgment passed in CWP-17738-2023 titled as Dilraj Kaur
Vs. State of Punjab and others decided on 19.10.2023 wherein, the applicability
of 1994 Rules has been upheld even while ignoring 1961 Rules.
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Neutral Citation No:=2024:PHHC:154619
4. This Court while passing the order in CWP-29440-2024 titled as
Surinderpal Singh and others Vs. State of Punjab and another decided on
29.10.2024, has given liberty to the State to decide the claim of the Steno Typists
for promotion keeping in view the judgment passed in Gurwinder Singh and
another's case (supra). As another co-ordinate Bench in Dilraj Kaur's case
(supra) has taken a contrary view, it will be open to the State to decide the issue
once and for all after seeking appropriate instructions/advise from the department
of Personnel qua the applicability of 1961 Rules of 1994 Rules keeping in view
the decision rendered by this Court in CWP-26078 of 2016 titled as Balwinder
Singh Vs. State of Punjab decided on 07.03.2017. Let appropriate decision be
taken on the plea of the petitioner whether 1961 Rules will be applicable for
promotion to the post of Senior Assistant or 1994 Rules, as amended will be
applicable.
5. Let the said decision be taken within a period of eight weeks from the
date of receipt of certified copy of this order.
6. Learned counsel for the petitioners submits that keeping in view the
direction given by this Court to the State to take appropriate decision on the
grievance of the petitioners, present petition may kindly be disposed of as not
pressed any further, but liberty be given to avail appropriate remedy in case
petitioners are aggrieved by the decision of the State.
7. Ordered accordingly.
November 22, 2024 ( HARSIMRAN SINGH SETHI )
archana JUDGE
Whether speaking/reasoned Yes
Whether Reportable No
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