Rupinderpal Singh v. State Of Punjab And ORS

CWP-11810-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-11810-2024 Date of decision: 20.05.2024 Rupinderpal Singh ....Petitioner

Versus

State of Punjab and others

...Respondents

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

Mr. Sunny Singla, Advocate for the petitioner. ***** AMAN CHAUDHARY. J (Oral) 1.

The prayer made in the present petition is for directing the respondents to allow the petitioner to change his option for the grant of revised pay scales w.e.f. 01.11.2006 instead of his earlier option. 2.

Learned counsel would submit that the petitioner has not been allowed to change option for grant of revised pay scales w.e.f. 01.11.2006 instead of his earlier option w.e.f. 01.01.2006 in terms of the Punjab Civil Services (Revised Pay Scales) Rules, 2009, while his juniors who exercised the said option are thus getting more pay than him. He submits that this Court in Gurmit Singh and others vs. State of Punjab and others, CWP18644-2015, decided on 11.03.2016, Annexure P-6, allowed the change of option on notional basis, which stands implemented vide order dated 15.03.2017, Annexure P-7 and the petitioner has not been given the same treatment. In this regard, a legal notice dated 05.02.2024, Annexure P-8, has been served upon the respondents, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the HAMANT 2024.05.20 18:25 I attest to the accuracy and integrity of this order/judgment

CWP-11810-2024 respondents to decide the same in a time bound manner by granting him 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 respondents and has no objection to the limited prayer made.

5.

In view of the above and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to decide the legal notice dated 05.02.2024, Annexure P-8, taking note of the aforesaid judgment within a period of six 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 him and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to his interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon. (AMAN CHAUDHARY) JUDGE 20.05.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.05.20 18:25 I attest to the accuracy and integrity of this order/judgment