Punjab-Haryana High Court
Durga Devi vs State Of Punjab And Others on 22 October, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:138510
133 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-28601
28601-2024 (O&M)
Date of Decision : 22
22-10-2024
DURGA DEVI ........Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS ........Respondent(s)
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Jatin Salwan, Advocate for the petitioner.
Mr. Amarpreet Singh Bains, AAG Punjab.
***
HARSIMRAN SINGH SETHI, J. (Oral)
In the present petition, the grievance being raised by the
petitioner is that the petitioner is entitled for the grant of minimum of pay
scale along with DA which has been granted to the petitioner which is
contrary to the judgment of the Hon'ble Supreme Court of India in Civil
Appeal No. 213 of 2013 titled as State of Punjab and other
otherss vs. Jagjit
Singh and others, decided on 26.10.2016 hence, the respondents are liable
to grant the petitioner the benefit of minimum of the pay scale on the post
for which the petitioner is entitled for along with DA w.e.f the date the
petitioner is serving
serving along with arrears and interest.
Learned counsel for the petitioner submits that the grievance
raised in the present petitioner has already been raised in the legal notice
dated 25.06.2024, copy of which has been appended as Annexure P
P-6
6 the
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Neutral Citation No:=2024:PHHC:138510
CWP-28601-2024 (O&M) -2-
petitioner will be satisfied, at this stage, in case a direction is issued to the
respondents to decide the same by passing an appropriate speaking order in a
time bound manner.
Notice of motion.
On the asking of the Court, Mr. Amarpreet Singh Bains,
Assistant Advocate General, Punjab, who is present in Court, accepts notice
on behalf of the respondent-State and submits that in case, the legal notice
dated 25.06.2024 (Annexure P-6) has been received in the office of the
concerned authorities and the same is still pending consideration with the
authorities concerned, the same will be decided by the competent authority
within a period of eight weeks from the date of the receipt of certified copy
of this order by passing an appropriate speaking order. Learned counsel
further submits that in case, it is found feasible to accept the claim of the
petitioner, the same will be accepted, otherwise due reasons will be
mentioned for not accepting the claim of the petitioner in the speaking order
to be passed and the said order will be duly conveyed to the petitioner.
Learned counsel for the petitioner submits that keeping in view
the statement of learned State counsel, the present petition may kindly be
disposed of having been not pressed any further.
Ordered accordingly.
Pending application, if any, also stands disposed of.
(HARSIMRAN SINGH SETHI)
22-10-2024 JUDGE
Sapna Goyal
NOTE: Whether speaking: YES/NO
Whether reportable: YES/NO
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