High Court of Punjab and HaryanaCWP/20271/2019disposed of

Kesar Singh And ORS. v. Punjabi University Patiala And ANR.

2019-07-24Mr. Justice Harsimran Singh Sethi2 pages

CWP-20271-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20271-2019 Date of decision: - 24.07.2019 Kesar Singh and others ....Petitioners

Versus

Punjabi University, Patiala and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Hardeep Singh, Advocate, for the petitioners. **** HARSIMRAN SINGH SETHI , J. (ORAL) The grievance which is being raised by the petitioners is that they are entitled for the step up of their pay equivalent to reserve category junior persons, who were granted the promotion on the basis of reservation in preference to them, but they had caught the said reserve category candidates on higher post and therefore, in view of the law laid down by the Hon'ble Supreme Court in Ajit Singh Januja Vs. State of Punjab and others, 1996(2) SCC 715, petitioners are entitled for step of their pay keeping in view the instructions issued by the Government of Punjab dated 14.03.2017, which have been duly adopted by the respondent-University.

Counsel for the petitioners states that for the relief which has been sought in the present writ petition, petitioners have served the respondents with a legal notice dated 26.06.2019 (Annexure P-14), which is still pending consideration with the respondents and the petitioner will NARESH KUMAR 2019.07.30 12:05 I attest to the accuracy and integrity of this document Chandigarh

CWP-20271-2019 -2be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

Notice of motion.

Keeping in view the advance copy supplied to the respondents, Mr. Ajaivir Singh, Advocate, accepts notice on behalf of the respondent(s)-University and he states that the respondents have no objection in case the prayer of the petitioners for deciding the legal notice dated 26.06.2019 (P-14) in a time bound manner is accepted Without going into the merits of the case or expressing any opinion to the entitlement of the petitioners in respect of the relief claimed in the present writ petition or in the legal notice, the present writ petition is disposed of with a direction to the respondents to pass an appropriate speaking order on the claim raised by the petitioners in the legal notice dated 26.06.2019 (P-14) within a period of three months from the date of receipt of certified copy of this order. It is made clear that in case the petitioners are found entitled for the relief as being claimed by them, the arrears will only be restricted upto three years and two months prior to the date of filing of the legal notice dated 26.06.2019 (P-14).

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) July 24, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.07.30 12:05 I attest to the accuracy and integrity of this document Chandigarh