Kamla Devi Dewan v. State Of Punjab And Others

CWP-6161-2020

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-6161-2020 Date of decision: 08.05.2024 Kamla Devi Dewan ....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 (Oral) 1.

The prayer made in the present petition is for directing the respondents to grant the benefit of three increments to the petitioner, which had been granted to the employees in the pay scale of teachers. 2.

Learned counsel would submit that the petitioner is claiming increments on account of higher qualification acquired during service as has been granted in Manjeet Kaur and others vs. State of Punjab and others, CWP-738-2009, decided on 01.12.2009, Annexure P-11, which stands implemented vide order dated 28.04.2011. In this regard, a representation dated 05.12.2019, Annexure P-13, has been submitted, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to respondent No.2 to decide the same in a time bound manner by granting her an opportunity of hearing. 3.

Notice of motion.

4.

Mr. Amarpreet Singh Bains, AAG, Punjab accepts notice on behalf of the respondents and has no objection to the limited prayer made. HAMANT 2024.05.09 10:11 I attest to the accuracy and integrity of this order/judgment

CWP-6161-2020 5.

In view of the above and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondent No.2 to decide the representation dated 05.12.2019, Annexure P-13 in light of the afore-referred judgment, within a period of six months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to her and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to her interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 08.05.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.05.09 10:11 I attest to the accuracy and integrity of this order/judgment