Amrik Singh v. State Of Punjab And Others

2023:PHHC:133645 In the High Court for the States of Punjab and Haryana At Chandigarh CWP-23326-2023 (O&M) Date of Decision:-13.10.2023 Amrik Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. R.K.Arora, Advocate, for the petitioner.

***** GURVINDER SINGH GILL, J.(Oral)

1. Today at the very outset, learned counsel for the petitioner submits that he confines his prayer at this stage to issuance of direction to the respondents to consider and dispose of his legal notice dated 17.11.2022 (Annexure P-12).

2. It has been submitted that the claim of the petitioner who is working as Malicum-Chowkidar, is with respect to grant of minimum of the regular payscales. It has been submitted that the said matter has been finally set at rest by Hon'ble Supreme Court rendered in Bahadur Singh and others Vs. Jaspreet Kaur Talwar and others, Special Leave Petition (Civil) No.25389 of 2011, decided on 16.8.2022 (Annexure P-6) and that the case of the petitioner would be covered by the said judgment. MOHAN SINGH 2023.10.13 17:14 I attest to the accuracy and authenticity of this order/judgment

CWP-23326-2023 (O&M) ( 2 ) 2023:PHHC:133645

3. Having heard the learned counsel for the petitioner and without commenting anything as regards the merits of the case, the instant petition is disposed of with a direction to respondent No.2-The Chief Engineer, Water Supply & Sanitation Department, to consider and dispose of the legal notice dated 17.11.2012 (Annexure P-12) in accordance with law while also taking into account the position of law as settled by Hon'ble Supreme Court in Bahadur Singh's case (Supra), expeditiously preferably within a period of 4 months from today.

4. In case, it is found that the petitioner is entitled to be paid arrears of the difference in pay, the same shall be confined upto a period of 38 months prior to the date when the petitioner raised the claim for the first time, as per record. The upto date arrears, as may be found due, shall be paid within a period of 2 months from the date such decision is taken and shall be paid with interest @ 5% per annum. However, in case, the requisite payment is not made within the above mentioned period of 2 months, the entire dues shall carry interest @ 10% per annum from the due date. 13.10.2023 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2023.10.13 17:14 I attest to the accuracy and authenticity of this order/judgment