Kirandeep Kaur v. State Of Punjab And Others

2024:PHHC:021936

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-1095-2024 Date of decision: 15.02.2024 Kirandeep Kaur ....Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present:

Mr. G.S. Nahel, Advocate for the petitioner.

Mr. Charanpreet Singh, AAG, Punjab.

***** AMAN CHAUDHARY. J.

1.

The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is to issue a writ in the nature of mandamus for directing the respondents to remove the anomaly between senior and junior Master/Mistress which was occurred due to the implementation of the ACP 4 year benefits to the juniors and for stepping up the pay of senior Master/Mistress as equal to the junior Master/Mistress.

2.

Learned counsel would submit that there is an anomaly arisen on account of implementation of ACP 4 year benefits between the petitioner vis-à-vis her juniors, regarding which, a legal notice dated 10.08.2023, Annexure P-3 has been submitted, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondent Nos.2 to 6 to decide the same in a time bound manner by granting her an opportunity of hearing.

3.

Notice of motion.

HAMANT 2024.02.16 19:11 I attest to the accuracy and authenticity of this order/judgment

CWP-1095-2024 2024:PHHC:021936 -2- 4.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondents to consider a legal notice dated 10.08.2023, Annexure P-3 and decide the same keeping in view the facts as stated on behalf of the petitioner, within a period of four months and if found entitled, necessary benefit be granted to her forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioner therewith.

(AMAN CHAUDHARY) JUDGE 15.02.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.02.16 19:11 I attest to the accuracy and authenticity of this order/judgment