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High Court of Punjab and HaryanaCWP/24200/2025disposed of

Harsh Goyal And ORS v. State Of Punjab And ORS

2025-08-21Mr. Justice Harpreet Singh Brar4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24200-2025 (O&M) Date of decision: 21.08.2025 Harsh Goyal and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Parvesh K. Saini, Advocate and Mr. Ashutosh Bhardwaj, Advocate and Mr. Budhadev Maity, Advocate for the petitioners.

Mr. T.P.S. Walia, AAG, Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Article 226 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to grant the statutory pay scale of the SDEs/petitioners as mandated in the 1977 Bye-laws i.e. Rs.15,60039,100 + Grade Pay 5,400/- with further pay revisions, from the date of their direct appointment, along with arrears and interest @ 12% per annum thereon, keeping in view the fact that similar question of law has already been decided by this Court while deciding the case of CWP No.15896 of 2023, titled as "Saurabh Sharma and others vs State of Punjab and another" dated 13.09.2024 (Annexure P-10) which was upheld by Hon'ble Division Bench vide order dated 10.12.2024

(Annexure P-11) and further upheld by Hon'ble Supreme Court of India vide order dated 20.01.2025 (Annexure P-12), and also keeping in view the order dated 06.11.2024 (Annexure P-13), which was passed in the case of ETTs working in education department. Further prayer has been made to direct the respondents to take into account the statutory pay scale of Rs.15,600-39,100 + Grade Pay 5,400/- with further pay revisions. Further a writ of certiorari has been sought, for quashing the Instructions dated 17.07.2020 (Annexure P-5) and Amendment dated 31.01.2025 (Annexure P-15), vide which Appendix 'A' of Punjab Water Resources Management & Development Corporation Employees Service Bye-laws (Annexure P-2) dated NIL was amended. Another prayer has been made to issue a writ in the nature of mandamus/certiorari holding that Instructions dated 17.07.

2020, (Annexure P-5), and Amendment dated 31.01.2025 (Annexure P-15), vide which Appendix 'A' of Punjab Water Resources Management & Development Corporation Employees Service Bye-laws (Annexure P-2) dated NIL was amended, have no application in the recruitment of the petitioners.

2.

Learned counsel for the petitioners submits that the grievance which has been raised by the petitioners has already been decided by this Court while passing order in CWP No.15896 of 2023, decided on 13.09.2024 titled as 'Saurabh Sharma and others Versus State of Punjab and another', hence, the respondents are under

obligation to decide the case of the petitioners in the light of the judgment passed in Saurabh Sharma's case (supra). 3.

Learned counsel for the petitioners further submits that the petitioners have already filed a representation raising the grievance as raised in the present petition vide legal notice dated 02.05.2025 (Annexure P-9) 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 by passing an appropriate speaking order. 4.

Notice of motion.

5.

Mr. T.P.S. Walia, AAG Punjab, who is present in the Court, accepts notice on behalf of the respondents.

6.

Learned counsel for the respondents submits that in case the legal notice dated 02.05.2025 (Annexure P-9) has been received in the office of the concerned authorities and the same is still pending consideration with the authorities concerned, the same will be decided by the competent authority in the light of Saurabh Sharma's case (supra) within a period of eight weeks from the date of the receipt of certified copy of this order by passing an appropriate speaking order and in case, after the decision any relief is to be extended to the petitioner, the same will be extended, otherwise due reasons will be mentioned in the speaking order to be passed for not accepting the claim of the petitioner for his information and necessary action.

7.

Learned counsel for the petitioner submits that keeping in view the statement of learned State counsel, the present writ petition may kindly be disposed of having been not pressed any further. 8.

Ordered accordingly.

(HARPREET SINGH BRAR) JUDGE 21.08.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No