Kulvinder Singh And Others v. State Of Punjab And Others

CWP-5753-2024 2024:PHHC:034854

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-5753-2024 Date of decision: 12.03.2024 Kulvinder Singh and others ....Petitioners

Versus

State of Punjab and others

...Respondents

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

Mr. Ranjivan Singh, Advocate for the petitioners.

***** AMAN CHAUDHARY. J.

1.

The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is to issue a writ in the nature of certiorari, for quashing the office order dated 05.11.2018, Annexure P-2. 2.

Learned counsel would submit that the petitioners are being paid only fixed emoluments during the period of probation, instead of regular scale which is covered in their favour by the judgments passed by this Court in CWP-8922-2017 titled as Gurwinder Singh and others vs. State of Punjab and others, decided on 13.09.2018, Annexure P-49; CWP-6391-2016 titled as Dr. Vishavdeep Singh and others vs. State of Punjab and others, decided on 26.10.2018, Annexure P-50 and CWP-17064-2017 titled as Ajay Kumar Singla and others vs. State of Punjab and others, decided on 16.02.2023, Annexure P51. In this regard, a legal notice dated 27.04.2023, Annexure P-52, has been served upon the respondents, which has yet not evoked any response. Even thereafter, the Division Bench of this Court in CWP-7099-2023, titled as Sandeep Kumar and others vs. State of Punjab and others, decided on 16.08.2023, Annexure P-55 has decided the same issue in favour of the HAMANT 2024.03.12 20:26 I attest to the accuracy and integrity of this order/judgment

CWP-5753-2024 2024:PHHC:034854 petitioners. He thus, at this stage, on instructions, submits that the petitioners are sanguine of it being 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, 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 consider the legal notice 27.04.2023, Annexure P-52 and decide the same taking note of the aforesaid judgments within a period of six months and .

However, in the eventuality of the relief being denied, a speaking order be passed, after associating them therewith.

(AMAN CHAUDHARY) JUDGE 12.03.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.03.12 20:26 I attest to the accuracy and integrity of this order/judgment