Rakesh Kumar And ANR v. State Of Punjab And ORS
2024:PHHC:021635
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP-3375-2024 Date of decision: 15.02.2024 Rakesh Kumar and another ....Petitioners
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****
Present:
Mr. Sunny Singla, Advocate for the petitioners.
***** 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 petitioners benefit of previous service rendered by them in the Govt. Aided School towards fixation of their pay on joining in the Govt. School. 2.
Learned counsel for the petitioners 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 persons, 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 17.11.2023, Annexure P-6 has been served upon the respondents, which has yet not evoked any response, he thus, at this stage, on instructions, submits that the petitioners would be satisfied if a direction is issued to respondents to decide the HAMANT 2024.02.16 19:06 I attest to the accuracy and authenticity of this order/judgment
CWP-3375-2024 2024:PHHC:021635 -2- same in a time bound manner.
3.
Notice of motion.
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 the respondents to look into the legal notice dated 17.11.2023, 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 and in case, the petitioners are found entitled to the benefits, the same be released to them forthwith. (AMAN CHAUDHARY) JUDGE 15.02.2024 Hemant Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No HAMANT 2024.02.16 19:06 I attest to the accuracy and authenticity of this order/judgment