Amandeep Kaur And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 30.11.2023 Amandeep Kaur and others . . . . Petitioners Vs.

State of Punjab and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present

Mr. Sanjeev Kumar Arora, Advocate for the petitioners.

Mr. Vishnav Gandhi, DAG, Punjab.

**** SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioners by way of this writ petition had prayed for granting stepping up of pay at par with his juniors.

2. The State during the pendency of this writ petition has examined the case of the petitioners' claim and have passed the following order: "9. The claim of all the eligible petitioners No. 1 and 2 of district Sri Mukatsar Sahib and petitioners No. 4 to 17 of district Bathinda are working as PTI Teachers has been examined by the Section Officer and Deputy Controller (Finance). They have vetted the claim of the 16 petitioners and confirmed that as per instructions issued by the Government from time to time the pay of senior employees/ petitioners needs to be re-fixed to bring it at par with the junior employees. Further, the office has also examined the fact and verified that the claim of the petitioners is covered under the instructions issued vide letter no. 4/46/2010-1FPII/327 dated 12/08/2010, 13/10/2014 and letter no.

6/46/10-1FP2/1555206/1 dated 22/08/2019 by Government of Punjab, Department of Finance. Hence, in view of the above, approval is hereby accorded for stepping of pay of petitioners No. 1 and 2 of district Sri Mukatsar Sahib and petitioners No. 4 to 17 of district Bathinda with their juniors namely Smt. Jasvir Kaur and Karamjeet Kaur respectively as stated above.

10. The claim of petitioner No. 3 Inderjeet Kaur d/o Sh. Gurjant Singh, Art and Craft Teacher Govt. Middle School, Sadar Wala, Complex Govt. High. School, Chak Attari Sadar Wala, Sri Muktsar Sahib already stands disposed of as detailed in Para No 3 above.

11. That it is further submitted that at this stage, the matter regarding re- consideration of pay scale, to which the PTI's and Art and Craft Teachers are entitled to or not, is under consideration for taking up the matter with Department of Finance. So, this order shall be implemented only after the final decision of the Department of Finance with regard to the matter of pay scale of above said teachers."

3. From the perusal of the said decision, it is apparent that while the department has reached to the conclusion that the benefit is required to be given, it has been made subject to the final decision of the Department of Finance.

4. Learned counsel for the petitioners submits that the benefit has not been released.

5. The State counsel submits that the writ petition may be disposed of in the aforesaid terms of the decision taken by the Director of Public Instructions, Punjab.

6. This Court finds that the respondents have principally agreed to step up the pay of the petitioners, but actual benefit has not been released which has been stated to be implemented only after the final decision of the Department of Finance.

7. In the light of above, Department of Finance is now directed to immediately take a decision within period of one month from today, and the petitioners be granted the benefit as finally arrived at by the Director, Public Instructions, Punjab dated 25.02.2021.

8. If the Department of Finance does not agree, then they may move an application for revival of the writ petition.

9. Order shall be complied with within period of three months.

10. Writ Petition stands disposed of.

11. All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA) JUDGE November 30, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No