Gurcharanjit Singh And ORS v. State Of Punjab And ORS

CWP-20304-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20304-2020 Date of decision: - 27.11.2020 Gurcharanjit Singh and others ....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Anoop Singla, Advocate, for the petitioners. (Through Video Conferencing) **** HARSIMRAN SINGH SETHI , J. (ORAL) As per the averments made in the present writ petition, the petitioners are working as Masters/Mistresses, on which post they were promoted starting from the year 2000 onwards. Petitioners alleged that one Smt. Sunita, who was promoted as a Hindi Mistress in the year 2010 and is junior to them, is getting a higher basic pay of Rs.20250/- w.e.f. 01.04.2010, whereas the basic pay of the petitioners has been fixed as Rs.19210/-.

Learned counsel for the petitioners argues that the senior employees cannot get less basic pay than the juniors. Learned counsel for the petitioners submits that the petitioners are much senior to the said Smt. Sunita in the cadre of Master/Mistress and therefore, they are entitled to get the same basic pay, as being given to Smt. Sunita, by stepping up their pay with consequential benefits. NARESH KUMAR 2020.11.27 15:27 I attest to the accuracy and integrity of this document Chandigarh

CWP-20304-2020 -2Learned counsel for the petitioners submits that for the relief, which is being claimed in the present writ petition, petitioners have served the respondents with a legal notice dated 13.07.2020 (Annexure P-8), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice. Notice of motion.

Ms. Ambika Bedi, AAG, Punjab, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition accepts notice on behalf of respondent-State. Learned State counsel submits that the respondents have no objection with regard to prayer of the petitioners for deciding legal notice dated 13.07.2020 (Annexure P-8) in a time bound manner by passing an appropriate speaking order.

In view of the above, without expressing any opinion on the merits of the case or the claim being made by the petitioners, respondent No.2 is directed to decide the legal notice dated 13.07.2020 (Annexure P-8) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) November 27, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2020.11.27 15:27 I attest to the accuracy and integrity of this document Chandigarh