Ajay Arora And ORS v. State Of Punjab And Others

CWP-14710-2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-14710-2019 Date of decision: 03.04.2025 Ajay Arora and others

...Petitioners

Versus

State of Punjab and others

...Respondents

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

Mr. D.S. Rawat, Advocate for the petitioners. Mr. Charanpreet Singh, AAG, Punjab.

Mr. Cyrus, Advocate for Mr. M.K. Dogra, Advocate for respondent Nos.2 and 3. ***** AMAN CHAUDHARY, J. (Oral) 1.

Prayer made in the present petition is for quashing the letter dated 01.01.2018, vide which respondent No.1 instead of taking a decision regarding removal of pay anomaly of senior employees vis-à-vis their junior employees arising on account of revision of pay scales w.e.f. 01.12.2011, simply forwarded the Pay Anomaly Committee Report to the 6th Pay Commission. 2.

Learned counsel submits that during the pendency of the present case as has been stated in preliminary submission No.1 of the written statement filed by respondent Nos.2 and 3, the relief prayed for has been granted albeit restricting arrear of 38 months, despite admitting in para 11 thereof that the petitioners had submitted representation dated 14.11.2013 to level/at par their pay with their juniors. Reliance is placed for the same on notification dated 22.08.2019 is misconceived inasmuch as it does not contain any condition of nongrant of arrears. He relies on the judgment of the Hon'ble Supreme Court in Giridhar vs. State of Maharashtra and others, 2019(2) SCT 195 and this Court in The Punjab State Co-operative Agricultural Development Bank Ltd. vs. Punjab State Co-operative Agricultural Development Bank Pensioner's HAMANT 2025.04.03 17:41 I attest to the accuracy and integrity of this document

CWP-14710-2019 Association and others, 2009(2) SCT 285. He, on instructions, prays that a direction may be given to the respondents to decide the same keeping in view the aforesaid judgments, in a time bound manner, to which learned counsel for the respondents have no objection.

3.

In view of the above and without commenting upon the merits of the case, these petitions are hereby disposed of with a direction to the respondents to consider and decide the claim of the petitioners, taking note of the aforesaid judgments, 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 them and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to their interest, the same shall contain reasons and the petitioners shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 03.04.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2025.04.03 17:41 I attest to the accuracy and integrity of this document