Sudagar Singh v. State Of Punjab And ORS

2024:PHHC:016052

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-2031-2024 (O&M) Date of decision: 06.02.2024 Sudagar Singh ....Petitioner

Versus

State of Punjab and Others

...Respondents

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

Mr. Sunny Singla, Advocate for the petitioner ***** AMAN CHAUDHARY. J.

1.

The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus or such other appropriate writ, order or directions to the respondents to grant the petitioner benefit of previous service rendered by him in the Govt. Aided School towards fixation of his pay on his joining in the Govt. School. 2.

Learned counsel for the petitioner submits that the benefit of previous service rendered in Government aided schools towards fixation of their pay upon having joined the Government schools with consequential benefits was granted to similarly situated in terms of the judgment of this Court in Sunil Kumar Sharma and Others vs. State of Punjab in CWP-4629-2015, whereby a batch of petitions were allowed on 19.02.2018, Annexure P-3 against which the LPA and SLP, both stand dismissed and it was implemented vide order dated 06.12.2023. In wake of the above, a legal notice dated 25.09.2023 (Annexure P-6) has been served upon the respondents, which is still pending, he thus, at this stage, on instructions, submits that the petitioner would be satisfied if a direction is issued to respondent Nos.2 and 3 to decide the same in a time bound manner. MOHIT 2024.02.07 18:16 I attest to the accuracy and authenticity of this order/judgment

CWP-2031-2024 (O&M) -23.

Notice of motion.

4.

At the asking of the Court, Mr. Charanpreet Singh, AAG 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 respondent Nos.2 and 3 to look into the legal notice dated 25.09.2023 (Annexure P-6) and decide the same within a period of 8 weeks considering the judgment and the order dated 06.12.2023 implementing it, by passing a speaking order, in accordance with law. In case, the petitioner is found entitled to the benefits, the same be released to him forthwith.

(AMAN CHAUDHARY) JUDGE 06.02.2024 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2024.02.07 18:16 I attest to the accuracy and authenticity of this order/judgment