Rajbir Singh And Others v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH 224-4 Decided on : 29.01.2024 (I) CWP -10011-2021 (O&M) Rajbir Singh And Others .....Petitioners
Versus
State Of Haryana And Others
...Respondents
(II) CWP-16561-2021 (O&M) Naresh Kumar .....Petitioner
Versus
State Of Haryana And Others
...Respondents
(III) CWP-14246-2021 (O&M) Jagmal Singh .....Petitioner
Versus
State Of Haryana And Others
...Respondents
(IV) CWP-18354-2021 (O&M) Satish Kumar .....Petitioner
Versus
State Of Haryana And Others
...Respondents
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Kartikey Chaudhary, Advocate for Mr. Samrat Malik, Advocate for the petitioner in CWP-10011-2021.
Mr. Sumit Sangwan, Advocate for the petitioners in CWP-16561-2021, CWP-14246-2021 & CWP-18351-2021 Mr. Harish Rathee, Sr. DAG, Haryana.
**** HARSIMRAN SINGH SETHI , J. (Oral) 1.
By this common order, above mentioned writ petitions are being disposed of as all the writ petitions involve the same question of law on
CWP -10011-2021 (O&M) and connected cases -22024:PHHC:011493 similar facts.
2.
Learned counsel for the petitioners submits that the question of law raised in the present petition has already been decided by this Court by passing order in CWP No. 12858 of 2018- 'Chand Singh and others v. State of Haryana and others', alongwith other connected cases, decided on 24.08.2023 hence the present petition be also disposed of in the same terms and conditions.
3.
Learned State counsel on the other hand submits that though, the question of law raised in the present petition is covered by the judgment passed in Chand Singh's case (Supra) but the department has already decided to assail the said judgment in appeal and hence, no benefit of granting the regular pay scale be given to the petitioners, otherwise, the department will have to file appeal in all cases. 4.
Learned counsel for the petitioners submits that the grievance being raised by the learned State counsel is only qua filing of appeal by the department in all cases, hence, the undertaking may be recorded that in case, the judgment in Chand Singh's case (Supra) is modified or set aside by the Appellate Court in any manner, the same be ipso facto made applicable upon all the petitioners even without filing an appeal. 5.
Learned counsel for the respondents does not object the statement made by the counsel for the petitioner recorded herein above. 6.
I have heard learned counsel for the parties and have gone through the record with their able assistance. 7.
Keeping in view the above coupled with the fact that a detailed order has already been passed by this Court on the same issue as raised in
CWP -10011-2021 (O&M) and connected cases -32024:PHHC:011493 the present petition, hence, the present petitions are also allowed in the same terms as in CWP No. 12858 of 2018- 'Chand Singh and others v. State of Haryana and others' alongwith other connected cases, decided on 24.08.2023.
8.
The present petitions stand disposed of in above terms. 9.
Civil miscellaneous application pending, if any, is also disposed of.
10.
A photocopy of this order be placed on the files of connected cases.
(HARSIMRAN SINGH SETHI) JUDGE 29.01.2024 Riya Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No