Parwinder Singh And ORS v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-2151-2022 Date of decision:07.02.2022 PARWINDER SINGH AND ORS

...Petitioner

V/S STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Ranjit Singh Ghuman, Advocate, for the petitioners.

Ms. Akshita Chauhan, AAG, Punjab.

(Presence marked through Video Conference) -.- ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing the respondents to grant them salary, allowances and consequential benefits in the pay scale of Rs.15600-39100 + 5400 Grade Pay on the promotional post of Sub Divisional Officer from 16.12.2021 i.e. the date when they gave their joining report. 2.

Learned counsel for the petitioners submits that since 16.12.2021 i.e. the day of joining on the promotional post, the petitioners have repeatedly requested the respondents to issue them necessary posting orders, but till today no such order has been issued to the petitioners for no fault of theirs. On the other hand, despite giving joining report on the promotional post, the petitioners are being paid salary of their previous post i.e. Junior Engineer. He further submits that petitioners No.1 and 6 have superannuated, therefore, they are entitled to pension and pensionary benefits in the above said pay scale.

VANDANA 2022.02.08 10:43 I attest to the accuracy and authenticity of this document

3.

Learned counsel for the petitioners further submits that petitioners qua their grievance submitted a representation dated 10.01.2022 (Annexure P-5) but to no avail. Hence, the instant petition. 4.

On advance service, learned State counsel joins proceedings and opposes issuance of notice of motion and submits that competent authority shall take decision either way, on the pending representation of the petitioners, in due course.

5.

Learned counsel for the petitioners also agrees that let a final decision be taken, by the competent authority on the pending representation dated 10.01.2022 (Annexure P-5).

6.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

7.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioners as per representation dated 10.01.2022 (Annexure P-5) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

8.

Needful be done within a period of six weeks from today. 9.

Disposed of accordingly.

(ARUN MONGA) JUDGE February 07, 2022 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.02.08 10:43 I attest to the accuracy and authenticity of this document