Sukhwinder Singh And Others v. State Of Punjab And Others

CWP-3954-2024 (O&M) 2024:PHHC:024014 - 1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-3954-2024 (O&M) Date of decision: 21.02.2024 Sukhwinder Singh and Others ....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 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 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 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 this regard, a Legal Notice dated 21.12.2023, Annexure P-6, has been submitted by them, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioners are sanguine of it being MOHIT 2024.02.22 16:59 I attest to the accuracy and authenticity of this order/judgment

CWP-3954-2024 (O&M) 2024:PHHC:024014 - 2-




















































considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting them an opportunity of hearing.

3.

Notice of motion.

4.

At the asking of the Court, 







  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 consider the legal notice dated 21.12.2023 (Annexure P-6) and decide the same within a period of 6 months 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 21.02.2024 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2024.02.22 16:59 I attest to the accuracy and authenticity of this order/judgment