Punjab-Haryana High Court
Vipul Choudhary And Ors vs Punjab State Power Corporation Ltd And ... on 25 November, 2024
Neutral Citation No:=2024:PHHC:155484
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
253+114
Date of decision : 25.11.2024
(i) CWP-25405-2023
Vipul Choudhary and Ors .....Petitioner
V/S
Punjab State Power Corporation Ltd and Ors ......Respondents
(ii) CWP-12192-2024
Talwinder Singh and Others .....Petitioner
V/S
Punjab State Power Corporation Ltd and Ors ......Respondents
(iii) CWP-26365-2023 (O&M)
Mohd. Dilshad Umer and Others .....Petitioner
V/S
Punjab State Power Corporation Ltd and Ors ......Respondents
(iv) CWP-28487-2023
Amandeep Sharma and Others .....Petitioner
V/S
Punjab State Power Corporation Ltd and Ors ......Respondents
(v) CWP-325-2024 (O&M)
Sachindeep Saini and Others .....Petitioner
V/S
Punjab State Power Corporation Ltd and Ors ......Respondents
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Neutral Citation No:=2024:PHHC:155484
CWP-25405-2023 and 2
other connected cases
(vi) CWP-454-2024
Manoj Kumar and Others . .....Petitioner
V/S
Punjab State Power Corporation Ltd and Ors ......Respondents
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. B.S. Patwalia, Advocate with
Mr. Gaurav Jagota, Advocate for the petitioners
in CWP-25405-2023 & CWP-12192-2024.
Mr. Armaan Dahiya, Advocate for
Mr. Kannan Malik, Advocate
for the petitioners in CWP-28487-2023.
Mr. Umesh Aggarwal, Advocate with
Mr. Rajesh Kataria, Advocate
for the petitioners in CWP-454-2024.
Mr. Nikhil Anand, Advocate for the petitioners
in CWP-26365-2023 & CWP-325-2024.
Ms. Saguna Arora, A.A.G. Punjab.
Ms. Sehaj Sandhawalia, Advocate
for the respondents-PSPCL in CWP-454-2024.
Mr. Ashish Verma, Advocate
for the respondents-PSPCL in CWP-28487-2023.
Mr. Gagneshwar Walia, Advocate
for the respondents-PSPCL in CWP-25405-2023.
Ms. Harpriya Khaneka, Advocate
for the respondents-PSPCL in CWP-12192-2024,
CWP-325-2024 & CWP-26365-2023.
****
NAMIT KUMAR, J. (ORAL)
CM-6501-CWP-2024 in CWP-325-2024 and
CM-6502-CWP-2024 in CWP-26365-2023
Prayer in the instant applications filed under Section 151 of
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other connected cases
CPC is for placing on record replication to the written statement filed on
behalf of respondents No.1 & 2.
Allowed as prayed for.
Main cases
1. Written statement on behalf of respondents No.1 and 2 in
CWP-28487 of 2023 has been filed in the Court, which is taken on
record. Copy thereof has been supplied to learned counsel for the
petitioners.
2. This order shall dispose of all the above-said writ petitions,
as common question of law and facts are involved for adjudication. For
the sake of convenience, facts are taken from CWP-25405-2023 tilted as
'Vipul Choudhary and others Vs. Punjab State Power Corporation Ltd
and others'
3. The instant petition has been filed by the petitioners
claiming the following relief :-
"(i) to issue an appropriate writ, order or direction
including a writ in the nature of Certiorari
quashing the financial circular No.06/2020 dated
28.7.2020 (Annexure P-4) issued by the Respondents to the
extent that the same makes applicable the new pay scales
as per the Central pattern applicable on the petitioners in
total contravention to the conditions of the advertisement
dated 5.9.2019 (Annexure P-1) which contemplated the pay
scales to the petitioners on the basis of Punjab Pay
Commission and the same also being in contravention to
the letter/notification dated 17.7.2020 (AnnexureP-3)
issued by the Government of Punjab clearly indicating that
the Central Pay Scales would be only applicable to all
prospective recruitment.
(ii) to issue an appropriate writ, order or direction
including a writ in the nature of Certiorari quashing the
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letter dated 22.6.2023 (Annexure P-9) issued by the
Respondent No.3 vide which after successful completion of
probation period Central pay scales are being made
applicable on the petitioners and the said fact being in
total contravention to the conditions of the advertisement
as well as the fact that the recruitment of the petitioners
was initiated in the year 2019 and as per the
letter/notification dated 17.7.2020 (Annexure P-3) the said
scales cannot be made applicable to the petitioners.
(iii) to issue an appropriate writ, order or direction
including a writ in the nature of Certiorari quashing
Clause 2 of the appointment orders of
the petitioners vide which in total contravention to the
conditions of the advertisement the New Central Pay
Scales are being made applicable to the petitioners thereby
reducing their salaries and the said action being
completely arbitrary, illegal and in violation of Article 14
of the constitution of India in so much so that all LDC
(Lower Divisional Clerks) appointed prior to 17.7.2020 are
still getting salary according to the recommendation of the
Punjab Pay Commission and as per Punjab pattern.
(iv) to issue an appropriate writ, order or direction
including a writ in the nature of Certiorari quashing the
letter dated 12.10.2023 (Annexure P-10) vide which the
respondents in a completely illegal and arbitrary manner
and in total contravention to the conditions of the
advertisement for grant of pay scales as per Punjab pattern
are making applicable the pay scale on the pattern on the
Central Pay Commission.
(v) to issue an appropriate writ, order or direction
including a writ in the nature of Mandamus directing the
respondents to fix the pay of the petitioners in the pay scale
as advertised by the Respondents in the advertisement
dated 5.9.2019 (Annexure P-1) i.e., 6400-20200+3400
grade pay as per the Punjab Pay Commission and
to further fix the pay of the petitioners in the
revised pay scales as per the recommendation of the 6th
Punjab Pay Commission duly adopted by the Respondents
and accordingly fixed the pay of the petitioners as per the
Punjab State Power Corporation Ltd. (Revised Pay)
Regulations, 2021.
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(vi) to issue an appropriate writ, order or direction
including a writ in the nature of Mandamus directing the
respondents that after fixing the pay of the petitioners as
per the Punjab Pay Commission in the scale of6400-
20200+3400 grade pay to grant them full pay allowances
and all other admissible benefits for the period spent
on probation keeping in view the decision of this Hon'ble
Court in Ajay Kumar Singla and others Versus State of
Punjab and others being CWP No.17064 of 2017 decided
on 16.2.2023 and a consequence thereof with a prayer to
quash the condition in the appointment orders of the all
the petitioners indicating the grant of minimum pay during
the period of probation."
4. Learned counsel for the parties are ad idem that the relief
prayed by the petitioners from Clause (i) to (iv) have been satisfied in
view of the Finance Circular No.29 of 2024 dated 29.07.2024, whereby
the following decision has been taken :-
"RESOLVED THAT pay scales as per 5th and 6th Pay
Commission of Punjab as applicable to PSPCL employees
be granted to those employees who joined service of
PSPCL on or after 17.7.2020 recruited under CRA 293/19,
294/19 and 296/19 treating them at par with those who
joined service before 17.7.2020 recruited under same
CRA's."
5. Learned counsel(s) for the petitioners submits that the
relief claimed in Clause (vi) is covered by the judgment of Division
Bench of this Court in CWP No.17064 of 2017 titled as 'Ajay Kumar
Singla and others Vs. State of Punjab and others' and other connected
cases decided on 16.02.2023 and the said judgment has been impugned
before the Hon'ble Supreme Court in SLP (Civil) Diary No.44844 of
2023 titled as 'State of Punjab and others Vs. Ankush Goyal and
another', wherein notice has been issued and it has further been ordered
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that operation and implementation of the impugned judgment shall
remain stayed.
6. In this view of the matter, no directions are required to be
given in the present petitions and the same are disposed of accordingly.
7. However, it is made clear that if SLP (Civil) Diary
No.44844 of 2023 is decided in favour of the employees then the
petitioners shall be at liberty to move an appropriate representation to
the respondent-Corporation for claiming the said benefit after the
decision of the Hon'ble Supreme Court and the same shall be
considered and disposed of by the respondent-Corporation within a
period of 02 months from the date of receipt of the said representation,
in accordance with law.
25.11.2024 (NAMIT KUMAR)
kothiyal JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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