High Court of Punjab and HaryanaCWP/2042/2023disposed of

Kulvinder Kumar And ORS v. Punjab And Haryana High Court And ORS

2023-07-12Mr. Justice Vikas Bahl7 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 12.07.2023 .....PETITIONERS

VERSUS

.....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL.

Present:

Mr. R.K. Arora, Advocate and Ms. Saguna Arora, Advocate for the petitioners.

Ms. Gagandeep Kaur, Advocate for respondents No.1 to 4.

Mr. Ferry Sofat, Addl. AG, Punjab for respondent No.5.

Accordingly, the Writ Petitions are allowed as under: (a) Notification No.7/204/2012-4FP1/60 dt.15.01.2015 having already been quashed in Gurwinder Singh and others (1 supra) and Dr. Vishavdeep Singh and others (4 Supra), there is no need to quash it again;

(b) Clarification No.7/204/2012-4FP.1/166 dt.15.01.2015 and notification GSR.3/Const/Article 309/AMD.(5)/2015 dt. 22.12.2015 to the extent they held that during period of probation or if increase in such period of probation, only fixed emoluments shall be paid to the employee, which shall be equal to the minimum of pay band of the service or post to which he is appointed and shall not include Grade Pay, Special Pay, Annual Increment or any other allowance except Travelling

Allowance AND further directing that the period of probation shall not be treated to be the time spent on the time scale applicable to his post, are quashed;

(c) Any conditions included in appointment letters issued to petitioners on the basis of the above notifications, are also quashed;

(d) The respondents are directed to grant to the petitioners the regular pay scale along with all other emoluments, allowances etc. from the date of their initial appointment and pay the arrears within three months from today;

(e) The respondents are directed to count the period spent on probation as regular services for the purpose of determination of the total length of service under the Service Rules. (f) The validity of the notification No. GSR.56/Const./Art.309/ AMD.(18)/2016 dt.05.09.2016 issued by the State of Punjab is left open for consideration in an appropriate case. Pending application(s), if any, shall stand disposed of."

(VIKAS BAHL)