Davinder Sharma And Others v. State Of Punjab And Others

CWP-7007-2024 2024:PHHC:041905

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-7007-2024 Date of decision: 22.03.2024 Davinder Sharma and others ....Petitioners

Versus

State of Punjab and others

...Respondents

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

Ms. Bandana Dogra, Advocate for the petitioners.

***** AMAN CHAUDHARY. J (ORAL).

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 mandamus, for directing the respondents to grant benefit of previous service rendered by the petitioners in Government Aided Schools towards fixation of their pay on their joining.

2.

Learned counsel would submit 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 wake of the above, a legal notice dated 13.02.2024, Annexure P-6, has been served upon the respondents, which has yet not evoked any response. She thus, at this stage, on instructions, submits HAMANT 2024.03.22 17:09 I attest to the accuracy and integrity of this order/judgment

CWP-7007-2024 2024:PHHC:041905 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. Charanpreet Singh, AAG, 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 dated 13.02.2024, Annexure P-6 and decide the same taking note of the aforesaid judgment and order dated 06.12.2023, referred to, by the petitioners, within a period of six months and if found entitled, necessary benefit be granted to them forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioners therewith.

(AMAN CHAUDHARY) JUDGE 22.03.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.03.22 17:09 I attest to the accuracy and integrity of this order/judgment