Jaspal Kaur & ORS v. Punjab School Education Board & ANR

CWP-23151-2015 (O&M) 2024:PHHC:040460 1 CWP-710-2016 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 215-2 cases CWP-23151-2015 (O&M) Date of decision: 20.03.2024 Jaspal Kaur and others ....Petitioners

Versus

Punjab School Education Board and another

...Respondents

CWP-710-2016 (O&M) Gurmeet Singh and others ....Petitioners

Versus

Punjab School Education Board and another ..Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. K.L. Arora, Advocate for the petitioners. Mr. R.S. Kalra, Advocate and Ms. Mona Yadav, Advocate for the respondents. ***** AMAN CHAUDHARY. J.(Oral) 1.

This common order shall dispose of the above petitions as they involve the same issue.

2.

Prayer in the present Civil Writ Petitions is for directing the respondents to grant salary to the petitioners at the minimum of the pay scale plus all allowance as revised from time to time and arrears of salary. 3.

Learned counsel would submit that the petitioners were appointed on contract basis on a salary of Rs.4,000/- per month, which was increased to Rs.7810/-, and thereafter to Rs.13500/-. However, the regular pay scale for the post of clerk i.e. Rs.10300-34800+3200 GP, was not granted to them. This issue stands decided by the Hon'ble Supreme Court in SLP HAMANT 2024.03.20 19:21 I attest to the accuracy and integrity of this order/judgment

CWP-23151-2015 (O&M) 2024:PHHC:040460 2 CWP-710-2016 (O&M) No.22252-2011 titled as The Principal Secretary to Govt. of Punjab PWD Public Health and others vs. Hans Raj and others , decided on 10.01.2018, Annexure A-1, based on the judgment in State of Punjab and others vs. Jagjit Singh (2017) 1 SCC 148, which has been clarified vide judgment dated 16.08.2022 passed in Contempt Petition (Civil) No.399 of 2020 in SLP No.25389 of 2022 titled as Bahadur Singh and others vs. Jaspreet Kaur Talwar and others , Annexure A-2. He, on instructions, prays that the petitioners would be satisfied, in case a time bound direction is given to the respondents to consider their claim, keeping in view the aforesaid judgments. 4.

Learned counsel for the respondent has no objection to the limited prayer made.

5.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondents to consider and decide their claims, by taking into account the aforesaid submissions as also the judgments relied upon, within a period of 4 months and if found entitled, necessary benefit be granted to the petitioners forthwith. 6.

A photocopy of this order be placed on the file of the connected case.

(AMAN CHAUDHARY) JUDGE 20.03.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.03.20 19:21 I attest to the accuracy and integrity of this order/judgment