Baldev Singh Dhot v. State Of Punjab And ORS

CWP-1297-2016 -
 2024:PHHC:034072 

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH  CWP-1297-2016 Date of decision: 11.03.2024 BALDEV SINGH DHOT ....PETITIONER  Vs.

 STATE OF PUNJAB AND ORS ...RESPONDENTS  CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Balbir Singh Jaswal, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab.

 ****  JAGMOHAN BANSAL, J (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting side of order dated 23.07.2014 (Annexure P-3), 18.06.2015 (Annexure P-5) and 23.07.2015 (Annexure P-7) whereby his pay has been re-fixed.

2.

The petitioner applied for re-fixation of pay vide application dated 01.01.1992. He in the application opted date of re-fixation of his pay as 01.01.1992. The petitioner is claiming that respondent be directed to re-fix his pay w.e.f. 01.12.1992.

3.

Mr. Aman Dhir, DAG, Punjab, Submits that a competent authority has fixed pay of the petitioner in accordance with his application as well as law in force at that point of time. The petitioner consciously opted his date of refixation of pay, accordingly, pay was re-fixed. The petitioner cannot be Anju Goel 2024.03.11 17:14 I attest to the accuracy and integrity of this document Chandigarh

CWP-1297-2016 - 2024:PHHC:034072  permitted to take somersault on the ground that at a subsequent point of time, higher pay was available.

4.

There is no cavil that respondent has fixed pay of the petitioner in accordance with option furnished by petitioner a well as applicable law. The Court cannot ask the State to change date of option of the petitioner especially when there was no such provision in the policy 5.

Disposed of.

11.03.2024 [JAGMOHAN BANSAL] Anju JUDGE Whether speaking/reasoned Yes Whether reportable No Anju Goel 2024.03.11 17:14 I attest to the accuracy and integrity of this document Chandigarh