Punjab-Haryana High Court
Chander Shakher vs State Of Punjab And Anr on 23 October, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:139100
CWP-12241-2010 (O&M) & connected cases 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(204) CWP-12241-2010 (O&M)
Date of Decision : October 23, 2024
Jaskaran Singh and others .. Petitioners
Versus
State of Punjab and another .. Respondents
(2) CWP-4256-2011
Lakhwinder Singh and others .. Petitioners
Versus
State of Punjab and another .. Respondents
(3) CWP-21973-2010
Harcharan Singh .. Petitioner
Versus
State of Punjab and others .. Respondents
(4) CWP-2860-2011
Harjinder Pal and others .. Petitioners
Versus
State of Punjab and another .. Respondents
(5) CWP-2780-2011
Sandeep Singh and others .. Petitioners
Versus
State of Punjab and another .. Respondents
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CWP-12241-2010 (O&M) & connected cases 2
(6) CWP-2811-2011
Davinder Singh .. Petitioner
Versus
State of Punjab and another .. Respondents
(7) CWP-12711-2011
Parveen Kumar .. Petitioner
Versus
State of Punjab and another .. Respondents
(8) CWP-8338-2011
Jagmohan Singh and another .. Petitioners
Versus
State of Punjab and another .. Respondents
(9) CWP-14497-2011
Amrinder Singh .. Petitioner
Versus
State of Punjab and another .. Respondents
(10) CWP-20304-2011
Chander Shekher .. Petitioner
Versus
State of Punjab and another .. Respondents
(11) CWP-23952-2011
Jagjit Singh .. Petitioner
Versus
State of Punjab and another .. Respondents
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CWP-12241-2010 (O&M) & connected cases 3
(12) CWP-18127-2011
Sandeep Kumar and another .. Petitioners
Versus
State of Punjab and another .. Respondents
(13) CWP-18059-2011
Bhavneet Kainth .. Petitioner
Versus
State of Punjab and others .. Respondents
(14) CWP-12671-2011
Jaspal Singh .. Petitioner
Versus
State of Punjab and another .. Respondents
(15) CWP-20694-2010
Harbakhash Singh and others .. Petitioners
Versus
State of Punjab and others .. Respondents
(16) CWP-19091-2010
Kuldeep Singh and others .. Petitioners
Versus
State of Punjab and another .. Respondents
(17) CWP-18470-2010
Sukhwinder Singh and others .. Petitioners
Versus
State of Punjab and others .. Respondents
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CWP-12241-2010 (O&M) & connected cases 4
(18) CWP-19397-2009
Balwinder Kaur .. Petitioner
Versus
State of Punjab and others .. Respondents
(19) CWP-20117-2010
Suresh Kumar and others .. Petitioners
Versus
State of Punjab and another .. Respondents
(20) CWP-16332-2012
Rakesh Kumar .. Petitioner
Versus
State of Punjab and others .. Respondents
(21) CWP-19344-2010
Amit Aneja and others .. Petitioners
Versus
State of Punjab and another .. Respondents
(22) CWP-25741-2012
Vinod Kumar and others .. Petitioners
Versus
State of Punjab and others .. Respondents
(23) CWP-1453-2011
Baljit Singh and others .. Petitioners
Versus
State of Punjab and another .. Respondents
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CWP-12241-2010 (O&M) & connected cases 5
(24) CWP-18462-2010 (O&M)
Balwinder Sharma .. Petitioner
Versus
State of Punjab .. Respondent
(25) CWP-18197-2010 (O&M)
Kamaljit Singh and others .. Petitioners
Versus
State of Punjab and others .. Respondents
(26) CWP-13651-2010 (O&M)
Rohit Kumar and others .. Petitioners
Versus
State of Punjab and others .. Respondents
(27) CWP-4751-2015
Harwinder Singh and another .. Petitioners
Versus
State of Punjab and another .. Respondents
(28) CWP-15011-2015
Sandeep Kumar Chopra .. Petitioner
Versus
State of Punjab and another .. Respondents
(206) CM-4092-CWP-2021 and
CM-4093-CWP-2021 in/and
CWP-15103-2013
Bhupinder Singh .. Petitioner
Versus
State of Punjab and others .. Respondents
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CWP-12241-2010 (O&M) & connected cases 6
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Rajiv Atma Ram, Senior Advocate, with
Mr. Sambhav Parmar, Advocate, and
Mr. Barjesh Khosla, Advocate,
for petitioner No.1 in CWP-12241-2010,
petitioners No.1, 5 and 9 in CWP-18197-2010
petitioners No. 2 and 3 in CWP-13651-2010
petitioners No. 6 and 12 in CWP-18462-2010.
Mr. Shreesh Kakkar, Advocate, for
Mr. Kapil Kakkar, Advocate, for the petitioners
in CWP No.12241 of 2010, CWP No.20304 of 2011,
CWP No.23952 of 2011, CWP No.20304 of 2011,
CWP No.23952 of 2011.
Mr. Jatin Salwan, Advocate, for the petitioners
in CWP Nos. 4256, 2860, 8338 and 14497 of 2011,
CWP-18197-2010, CWP-4751-2015 and
CWP-15011-2015.
Ms. Kavita Joshi, Advocate, for
Mr. R.S. Randhawa, Advocate, for the petitioners
in CWP-21973 of 2010.
Ms. Anu Malika, Advocate, for
Mr. Sukhdev Kamboj, Advocate, for the petitioners
in CWP Nos.2780 and 2811 of 2011 and
CWP-18470-2010.
Mr. Atul Kaushik, Advocate, for the petitioners
in CWP-12711-2011.
Mr. Aarish Kamboj, Advocate, for
Mr. Ashok Kumar Sama, Advocate, for the petitioners
in CWP-18127-2011 and CWP-12671-2011 and
CWP-20117-2010.
Mr. Tejinder Pal Singh, Advocate, for the petitioners
in CWP-18059-2011 and CWP-16332-2012.
Mr. Surmukh Singh, Advocate and
Mr. Tirath Sandhi, Advocate, for the petitioners
in CWP-20694-2010.
Mr. M.L. Sachdeva, Advocate, for the petitioners
in CWP-19091-2010 and CWP-1453-2011.
Mr. Yogesh Chaudhary, Advocate, for the petitioners
in CWP-19397-2009.
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CWP-12241-2010 (O&M) & connected cases 7
Mr. Rajinder Singh Rangpuri, Advocate, for the petitioners
in CWP-19344-2010.
Mr. P.S. Jammu, Advocate, for the petitioners
in CWP-25741-2012.
Mr. Preetwinder Dhaliwal, Advocate, for the petitioners
in CWP-18462-2010.
Mr. Jasbir Rattan, Advocate, for the petitioners
in CWP-13651-2010.
Mr. Anubhav Bansal, Advocate, for
Mr. Arun Bansal, Advocate, for the petitioners
in CWP-15103-2013.
HARSIMRAN SINGH SETHI J. (ORAL)
CM-4711-CWP-2024 in CWP-12241-2010
Present application has been filed for placing on record the
affidavit of Jaskaran Singh-petitioner No.1.
Keeping in view the averments made in the application, which
are duly supported by an affidavit, the application is allowed subject to all
just exceptions. Affidavit of petitioner No.1 Jaskaran Singh is taken on
record.
CM-4726-CWP-2024 in CWP-18462-2010
Present application has been filed for placing on record the
affidavit of Harpreet Kumar- petitioner No.6.
Keeping in view the averments made in the application, which
are duly supported by an affidavit, the application is allowed subject to all
just exceptions. Affidavit of petitioner No.6 Harpreet Kumar is taken on
record.
CM-4678-CWP-2024 in CWP-18197-2010
Present application has been filed for placing on record the
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affidavit of Gurnand Singh-petitioner No.9.
Keeping in view the averments made in the application, which
are duly supported by an affidavit, the application is allowed subject to all
just exceptions. Affidavit of petitioner No.9 Gurnand Singh is taken on
record.
CM-4682-CWP-2024 in CWP-13651-2010
Present application has been filed for placing on record the
affidavit of Gursewak Singh-petitioner No.2.
Keeping in view the averments made in the application, which
are duly supported by an affidavit, the application is allowed subject to all
just exceptions. Affidavit of petitioner No.2 Gursewak Singh is taken on
record.
CM-4092-CWP-2021 in CWP-15103-2013
Present application has been filed for listing the main writ
petition.
Notice of the application has already been issued to the counsel
opposite.
Learned State counsel raises no objection for the grant of
prayer as raised in the present application.
Keeping in view the facts mentioned in the application, which
are duly supported by an affidavit, the application is allowed subject to all
just exceptions. On request of learned counsel for the parties, the main writ
petition is taken up for hearing today itself.
CWP-12241-2010 and connected cases
1. By this common order, 29 writ petitions, the details of which
have been given in the heading, are being disposed of as all these petitions
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involve the same question of law on similar facts.
2. In the present writ petitions, the grievance being raised by the
petitioners is with regard to the appointment keeping in view the judgment
of the Division Bench of this Court passed in CWP No.12275 of 2000 titled
as Neelam Rani vs. State of Punjab and others, decided on 08.01.2010.
3. Learned senior counsel appearing on behalf of the petitioners
very fairly submits that keeping in view the subsequent judgment of this
Court passed in CWP No.12953 of 2020 titled as Nidhi Sharma vs. State of
Punjab and others, decided on 19.09.2024 wherein, in view of the fact that
1978 Rules already stood amended as on 08.07.1995, it was held that there
is one joint cadre of Master/Mistress, the respondents are bound to decide
the claim of the petitioners keeping in view the said amendment dated
08.07.1995 coupled with the fact that the said amendment has already been
upheld by this Court in Nidhi Sharma's case (supra) to mean that after the
amendment, there is only one joint cadre and not the separate cadre between
men and women in the cadre of Master/Mistress hence, against the posts
which are lying vacant qua the amendment in question or even if the same
have been filled up, the claim of the petitioners is to be considered keeping
in view the amendment dated 08.07.1995 coupled with the upholding of the
said amendment in Nidhi Sharma's case (supra).
4. Learned senior counsel appearing on behalf of the petitioners
submits that the petitioners will file appropriate representation claiming the
said benefit with the respondents and the respondents be directed to decide
the said representation in a time bound manner so that the petitioners do not
suffer any prejudice.
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5. Learned State counsel submits that in case any representation is
received from the petitioners raising any grievance, the same will be looked
into as per the facts of the case coupled with the settled principle of law on
the said issue including the judgment in Nidhi Sharma's case (supra) and
appropriate speaking order on the representation of the petitioners will be
passed within a period of 12 weeks from the receipt of any such
claim/representation.
6. Learned State counsel further submits that in case, it is found
that the petitioners are entitled for any relief, the same will be extended to
the petitioners otherwise due reasons will be mentioned in the speaking
order to be passed for not accepting the claim of the petitioners, which
reasons will be conveyed to the petitioners for their information and
necessary action.
7. Learned counsel appearing on behalf of the petitioners submits
that keeping in view the statement of learned State counsel, the present writ
petitions may kindly be disposed of having been not pressed any further
with liberty to the petitioners to file appropriate representation with the
respondents.
8. Ordered accordingly.
9. Civil miscellaneous application pending if any, also stands
disposed of.
10. A photocopy of this order be placed on the file of other
connected cases.
October 23, 2024 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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