Karnail Singh And ORS v. State Of Punjab And ORS
CWP-6580-2020 CWP-6583-2020
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH 236-2 cases CWP-6580-2020 Date of decision: 03.03.2025 Karnail Singh and others
...Petitioners
Versus
State of Punjab and others ..Respondents CWP-6583-2020 Shyam Sunder and others
...Petitioners
Versus
State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****
Present:
Mr. Nitesh Singla, Advocate for the petitioners.
Mr. Charanpreet Singh, AAG, Punjab.
***** AMAN CHAUDHARY, J. (Oral) 1.
Both the cases involve similar issues and therefore, are being disposed of together by this common order.
2.
Prayer made in the present petitions is for setting aside the para 9(d) of the speaking order whereby arrears after refixation of pay have been denied without assigning any reason.
3.
Learned counsel for the petitioners submits that the prayer is for granting arrears of refixation at least 38 months prior to filing their initial writ petition i.e. CWP-7894-2010, titled as Jagmohan Lal Mittal and others vs. State of Punjab and others, which was disposed of vide order dated 31.01.2012 and a speaking order was passed for consideration of the claim after decision of SLP No.1868-2015 and LPA-504-2012. Thereafter, still the benefit was not granted and CWP-27149-2018, Annexure P-7 was filed, whereafter the claim has been accepted, however, arrears have not been paid. HAMANT 2025.03.04 10:00 I attest to the accuracy and integrity of this document
CWP-6580-2020 CWP-6583-2020 He places reliance on speaking order dated 31.08.2022, pursuant to the directions passed by this Court in CWP-9791-2020, during the pendency of the present petition, whereby arrears to similarly situated employees have been paid by the same very department.
4.
The aforesaid facts having been brought out, during the course of hearing, learned State counsel, on instructions, states that the respondents would not be averse to have a relook at the matter and decided afresh, taking note of the aforesaid judgments as also the submissions, within a period of 4 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. 5.
The aforesaid satisfies the learned counsel for the petitioners. 6.
The matter stands disposed of accordingly and if the petitioners are found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to their interest, the same may be passed after granting opportunity of hearing to them and shall contain reasons, whereupon they shall be free to seek legal redress thereupon. 7.
A photocopy of this order be placed on the file of connected case. (AMAN CHAUDHARY) JUDGE 03.03.2025 Hemant Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No HAMANT 2025.03.04 10:00 I attest to the accuracy and integrity of this document