Kulvir Kaur v. State Of Punjab And Others

CWP-12861-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-12861-2024 Date of decision: 28.05.2024 Kulvir Kaur ....Petitioner

Versus

State of Punjab and another

...Respondents

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

Ms. Alka Chatrath and Ms. Neha Singh, Advocates for the petitioners.

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

1.

The prayer made in the present petition is for directing the respondents to grant benefit of previous service rendered by petitioner's husband in Government Aided Schools towards fixation of his pay on his joining.

2.

Learned counsel would submit that the benefit of previous service rendered by the petitioner's husband in Government aided schools towards fixation of his 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-7 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 27.02.2024, Annexure P-12, has been served upon the respondents, which has yet not evoked any response. He thus, at this stage, HAMANT 2024.05.30 09:20 I attest to the accuracy and integrity of this order/judgment

CWP-12861-2024 on instructions, submits that the petitioner is 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 her an opportunity of hearing. 3.

Notice of motion.

4.

At the asking of the Court, Mr. Swapan Shorey, DAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5.

In view of the above and without commenting on the merits of the case, this petition is hereby disposed of with a direction to the respondents to decide the legal notice dated 27.02.2024, Annexure P-12 in light of the aforereferred judgment, within a period of 6 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 28.05.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.05.30 09:20 I attest to the accuracy and integrity of this order/judgment