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High Court of Punjab and HaryanaCWP/5608/2016disposed of

Bhajan Singh v. State Of Punjab And ORS

2025-08-28Mr. Justice Kuldeep Tiwari3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : August 28, 2025 BHAJAN SINGH -PETITIONER V/S STATE OF PUNJAB AND ORS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Neeraj Sharma, Advocate for the petitioner.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, prayer has been made for setting aside the order dated 04.02.2016, whereby the Grade Pay of the petitioner has been reduced from ₹ 2800/- to ₹ 2400/-. 2.

In view of the order dated 16.06.2015, issued by the Chief Engineer (North), Punjab Water Supply & Sanitation Department, Patiala, the petitioner was granted Grade Pay of ₹ 2800/- vide office order dated 21.11.2015. However, upon perusing the matriculation and higher secondary certificates submitted by the petitioner, the authority concerned found that the Grade Pay of the petitioner has been wrongly fixed as ₹ 2800/-, whereas he is entitled to Grade Pay of ₹ 2400/-. Therefore, vide the impugned order dated 04.02.2016, the case of the petitioner was sent to the higher authorities for appropriate directions, and until receipt of such directions, the petitioner's Grade Pay was fixed at ₹2400/-. .

3.

On 25.08.2025, this Court had passed the following order:- "Vide impugned order dated 04.02.2016 (Annexure P-6), the Executive Engineer, Water Supply and Sanitation Division No.1, Jalandhar (respondent No.4), submitted to the Chief Engineer (North), Punjab, Water Supply and Sanitation Department, Patiala, that pay of the petitioner has been wrongly fixed in the Grade Pay of Rs.2,800/-, vide order dated 21.11.2015. However, the petitioner is entitled for Grade Pay of Rs.2,400/-. The said impugned order has been put to challenge, before this Court, through the instant writ petition. Learned counsel for the petitioner submits that the matter has been referred to the higher authorities concerned, however, no decision thereof, has been taken so far.

At this stage, learned counsel for the respondent/State, seeks some time to have apt instructions from the quarter concerned, as to whether, after passing of the impugned order in the year 2016, any decision has been taken by the higher authorities concerned, or not.

The requisite and apt information in this regard, be apprised to this Court, on the next date of hearing. List this matter on 28.08.2025, for arguments. To be shown in the urgent list.

It is made clear that on the next date of hearing, no request for an adjournment on behalf of either of the parties concerned, shall be entertained."

4.

Today, the learned State counsel, on instructions imparted to him by Mr. Jaskaran Singh, XEN, Division No.1, Jalandhar, has informed this Court that the decision has been taken on the basis of an earlier decision rendered by this Court and various circulars issued by the Department concerned. He further submits that, after the year 2016, the competent authority communicated to the authority concerned to take decision in accordance with the earlier circular issued by the Department concerned. However, the final decision qua the petitioner has not been

taken on account of pendency of the instant writ petition, and the same will be taken only after giving opportunity of hearing to the petitioner. 5.

In view of the specific stand taken by the respondent(s), the learned counsel for the petitioner submits that he does not want to press the instant writ petition at this stage, but rather wants to file a representation before the authority concerned, which may be directed to be decided in a time-bound manner.

6.

Considering the bona fide and innocuous request made by the learned counsel for the petitioner, the instant writ petition is disposed of as not pressed at this stage, with liberty to the petitioner to pen down his grievance by making a representation before the authority concerned, which shall be decided by the latter within six weeks, by passing a speaking order.

7.

Disposed of accordingly.

(KULDEEP TIWARI) August 28, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No