Tarsem Singh And Others v. State Of Punjab And Others

2023:PHHC:077772

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-11749-2023 Date of decision : 29.05.2023 TARSEM SINGH AND OTHERS ....Petitioners

Versus

STATE OF PUNJAB AND OTHERS ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Pankaj Bains, Advocate for Mr. Ritesh Aggarwal, Advocate with Mr. Amandeep Sharma, Advocate for the petitioners. Mr. H.S. Batth, Advocate for respondent No.3-University. PANKAJ JAIN, J. (ORAL) By way of present writ petition, the petitioners have prayed for writ in the nature of mandamus seeking direction to the respondents to release revised pay arrears of 6th Pay Commission for the period commencing from July 2021 upto September 2022 in terms of notification no.09/01/2021-5FP1/671 dated 05.07.2021 (Annexure P-2). 2.

Petitioners are all employees of Punjabi University. The claim of the petitioners is based upon acceptance of 6th Pay Commission recommendation by the University.

3.

Counsel for the petitioners at the outset submits that the legal notice dated 05.04.2023 served on the instructions of petitioners is pending adjudication before the University-Authorities and the same has been placed on record as Annexure P-3. However, the same still awaits adjudication.

DEEPAK KUMAR 2023.05.30 08:58 I attest to the accuracy and integrity of this document

CWP-11749-2023 -22023:PHHC:077772 4.

On advance notice, Mr. H.S. Batth, Advocate appears on behalf of respondent No.3 and submits that the claim of the petitioners is under active consideration before the University Authorities and the same shall be adjudicated within a period of 08 weeks from the date of receipt of certified copy of the order.

5.

Finding it to be a fair request, the present writ petition is disposed off with the direction to respondent No.3 i.e. Registrar Punjabi University, Patiala to decide the claim of the petitioners within the afore stipulated time period. In case the petitioners are found entitled, the same be released within a period of 12 weeks thereafter. However, in the event, the authorities found that the claim of the petitioners does not merit acceptance, the same shall be adjudicated by passing a speaking order and that too after affording an opportunity of hearing to the petitioners. 6.

Ordered accordingly.

May 29, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.05.30 08:58 I attest to the accuracy and integrity of this document