Gaurav And Others v. Executive Council, Haryana School Shiksha Pariyojna Parishad,And Others

2024:PHHC:010318 CWP-1708-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1708-2024 Date of Decision: 25.01.2024 Gaurav and others

...Petitioner(s)

Versus

Executive Council, Haryana School Shiksha Pariyojna Parishad and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Tejpal Singh Dhull, Advocate for the petitioners Ms. Tanushree Gupta, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of certiorari quashing the condition imposed in the petitioners' appointment letter, dated 10.09.2019, Annexure P-3, to the extent they are entitled to minimum scale of 6th pay commission prescribed under Haryana Service ByeLaws, 2013, Annexure P-1. Further, a direction has been sought to grant the petitioners minimum of the pay scale plus grade pay with dearness allowance admissible under 7th pay commission from the date of their appointment. 2.

Learned counsel for the petitioners submits that grievance raised herein is pending for appropriate decision before the respondents. At this stage, the petitioners will be satisfied in case respondent No.2 is directed to PAYAL 2024.01.25 17:59 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:010318 CWP-1708-2024 -2decide the pending representation, dated 15.07.2020, Annexure P-4, in a specified period.

3.

Notice of motion.

4.

Ms. Tanushree Gupta, DAG, Haryana, appearing on advance notice, submits that the pending representation shall be decided by respondent No.2 expeditiously.

5.

In view thereof, without going into merits of the case, the petition is disposed of with a direction to respondent No.2/State Project Director, Haryana School Shiksha Pariyojna Parishad, to consider and decide the pending representation dated 15.07.2020, by passing a speaking order, keeping in view the law laid down by the Supreme Court in Bahadur Singh and others v. Jaspreet Kaur Talwar and others, 2022 SCC OnLine SC 1077, as well as the fact that other employees working in the Parishad have already been given benefit of pay scale as per the 7th pay commission recommendations in terms of order dated 11.05.2018, within a period of three months from the date of receiving a certified copy of this order. 6.

In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹25,000 to the petitioners. (TRIBHUVAN DAHIYA) JUDGE 25.01.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.01.25 17:59 I attest to the accuracy and authenticity of this order/judgment