Jagdeep Singh And Others v. State Of Punjab And Others

2023:PHHC:141224-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-1607-2023 (O&M) Date of decision:- 06.11.2023 Jagdeep Singh and others ...Appellant(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Amarjit Singh, Advocate, for the appellants.

Ms. Anu Pal, Senior Deputy Advocate General, Punjab. * * * * RITU BAHRI, A.C.J. (ORAL) This appeal is directed against the judgement and order dated 21.09.2023 passed by the learned Single Judge disposing of the writ petition filed by the petitioners (appellants herein) seeking grant of revised pay scale and initial pay w.e.f. 01.12.2011.

Rule 7(12) of the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 reads as under:- "(12) The Educational Tribunal shall have jurisdiction to hear all cases of dispute between the Managing Committees and the employee, as defined in this Act and the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979."

After hearing learned counsel for the parties at length, we are of the considered opinion that the State of Punjab is the necessary party and as per Rule 7(12) (ibid), the Educational Tribunal, Punjab cannot go into the issue. The order of the learned Single Judge is, therefore, being set aside. Let the matter be decided on merits as per roster. The appeal stands disposed of.

(RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 06.11.2023 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2023.11.07 17:56 I attest to the accuracy and authenticity of this order/judgement