Tarvinder Singh & ORS. v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 108+245 Decided on : 24.03.2025 TARVINDER SINGH & OTHERS . . .Petitioners

Versus

STATE OF PUNJAB AND OTHERS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Nand Lal Sammi, Advcoate and Mr. Hitesh Kumar Sammi, Advocate for the petitioners.

Mr. Malkiat Singh, DAG, Punjab.

**** HARSIMRAN SINGH SETHI, J. (Oral) CM-12490-CWP-2024 The prayer in the present application filed by the petitioners is for placing on record the judgment dated 26.10.2016 passed in Civil Appeal No. 213 of 2013 (cited as 2016 (4)SCT 641) and judgment dated 16.08.2022 passed in contempt petition (civil) No. 399 of 2020 in SLP (civil) No. 25389 of 2011 as Annexures P-10 & P-11 respectively. Keeping in view the averments mentioned in the application, the same is allowed. Copies of judgment as Annexures P-10 and P-11 are taken on record subject to all just exceptions.

Main case:

1.

In the present petition, the grievance being raised by the petitioners is that keeping in view the judgments passed by Hon'ble Supreme Court of India in Civil Appeal No. 213 of 2013, titled as State of Punjab and others v. Jagjit Singh and others decided on 26.10.2016 as clarified subsequently in the contempt petition (civil) No. 399 of 2020 in SLP (civil) No. 25389 of 2011 titled as Bahadur Singh and others v. Jaspreet Kaur Talwar and others, decided on 16.08.2022, the Dearness Allowance also forms a part of the minimum of the pay scale, hence, the petitioners are entitled for the grant of the said benefit which is not being extended to them by the respondents.

2.

Learned counsel for the petitioners submits that the petitioners will be satisfied, at this stage, in case a direction is issued to the respondents to grant the benefits of minimum pay-scale alongwith dearness allowance to the petitioners in view of the aforesaid judgments by passing an appropriate speaking order in a time bound manner.

3.

Upon this, learned counsel for the respondents submits that the claim of the petitioners will be considered in the light of the judgments cited herein before and an appropriate speaking order will be passed by the competent authority within a period of eight weeks of the receipt of certified copy of this order and in case, the petitioners are found entitled for grant of any relief, the same will be granted to them, otherwise due reasons for not accepting the claim of the petitioners will be mentioned in the speaking order and the said reasons will also be conveyed to the petitioners for their information and necessary action.

4.

Learned counsel for the petitioners submits that keeping in view

the statement of learned State counsel, the present petition may kindly be disposed of having been not pressed any further. 5.

Ordered accordingly.

6.

Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE 24.03.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No