CWP-6897 IN THE HIGH COURT OF PUNJAB AND HARYANA Sohan Lal and others State of Punjab and others CORAM: Present: KULDEEP TIWARI 1. Constitution of India, the petitioners are seeking quashing of the speaking order dated 06.05.2019 (Annexure P Instruction (SC), Punjab, only to the extent that they have been denied arrears, despite re 2. pay of the petitioners have been re qualification, but the consequential benefit of arrears of pay has been declined, without assigning any reason. similarly placed employees were granted arrears of 38 months prior to filing of the respective writ petitions. However, the petitioners have been treated in sheer plausible reason 3. perusing the record, any reason or the relied, to decline the benefit of fixation of their pay. In response, though, he made every possible to justify the impugned action 6897-2020 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision: Sohan Lal and others Versus State of Punjab and others CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Nitesh Singla, Advocate, for the petitioners. Mr. Charanpreet Singh, AAG, Punjab. **** KULDEEP TIWARI, J. (Oral) Vide instant writ petition filed under Article Constitution of India, the petitioners are seeking quashing of the speaking order dated 06.05.2019 (Annexure P-7), passed by the Director of Public Instruction (SC), Punjab, only to the extent that they have been denied arrears, despite re-fixation of pay. Learned counsel for the petitioners submits that admittedly, pay of the petitioners have been re qualification, but the consequential benefit of arrears of pay has been declined, without assigning any reason. similarly placed employees were granted arrears of 38 months prior to filing of the respective writ petitions. However, the petitioners have been in sheer discrimination by the authorities plausible reason. Having heard learned counsel for the petitioners perusing the record, this Court has asked learned State counsel to refer to any reason or the rationale, upon which, the authorities concerned have relied, to decline the benefit of arrears to the petitioners, even after re fixation of their pay. In response, though, he made every possible to justify the impugned action, but could not convince this Court by IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6897-2020 (O&M) Date of decision: 13.07.2026 ….Petitioners ….Respondents KULDEEP TIWARI Mr. Nitesh Singla, Advocate, Mr. Charanpreet Singh, AAG, Punjab. Vide instant writ petition filed under Article 226/227 of the Constitution of India, the petitioners are seeking quashing of the speaking 7), passed by the Director of Public Instruction (SC), Punjab, only to the extent that they have been denied Learned counsel for the petitioners submits that admittedly, pay of the petitioners have been re-fixed on acquiring higher qualification, but the consequential benefit of arrears of pay has been declined, without assigning any reason. He further submits that the similarly placed employees were granted arrears of 38 months prior to filing of the respective writ petitions. However, the petitioners have been by the authorities and that too, for no Having heard learned counsel for the petitioners and this Court has asked learned State counsel to refer to , upon which, the authorities concerned have arrears to the petitioners, even after re- fixation of their pay. In response, though, he made every possible effort , but could not convince this Court by s 226/227 of the Constitution of India, the petitioners are seeking quashing of the speaking 7), passed by the Director of Public Instruction (SC), Punjab, only to the extent that they have been denied Learned counsel for the petitioners submits that admittedly, fixed on acquiring higher qualification, but the consequential benefit of arrears of pay has been He further submits that the similarly placed employees were granted arrears of 38 months prior to filing of the respective writ petitions. However, the petitioners have been and that too, for no and this Court has asked learned State counsel to refer to , upon which, the authorities concerned have - effort , but could not convince this Court by AMIT KUMAR 2026.07.15 17:37 I attest to the accuracy and authenticity of this document CWP-6897 referring to any rules/regulations or pointing out any tangible asser from the written statement. 4. written statement that the writ petition disposed such direction to upon the respondents post re-fixation of pay, is a natural consequence, which does not require any direction. to consider and decide the issue of payment of arrears pay. 5. impugned speaking order to the arrears of pay, if any, accrued as a result of her re are set aside. concerned to re on account of re accordance with law, of this order. 6. the petitioners shall be afforded due opportunity of hearing, them to substantiate their claim. 13.07.2026 Ak Sharma 6897-2020 (O&M) -2- referring to any rules/regulations or pointing out any tangible asser from the written statement. In fact, this Court is perplexed written statement that the writ petition preferred by the petitioners disposed merely with a direction to decide the ection to release the arrears, if any, upon the respondents. Suffice it to say: consideration of issue of arrears, fixation of pay, is a natural consequence, which does not require any direction. It is very unfortunate for this Court to pass directions even to consider and decide the issue of payment of arrears In view of the above, the observations recorded in impugned speaking order, “That the said petitioners shall not be entitled to the arrears of pay, if any, accrued as a result of her re are set aside. As a result, the matter is remitted to the authorities concerned to re-consider the issue of entitlement of on account of re-fixation of pay, and pass a speaking order accordance with law, within 8 weeks from the receipt of a certified copy of this order. It goes without saying that before drawing the final order, the petitioners shall be afforded due opportunity of hearing, them to substantiate their claim. Disposed of, accordingly. .2026 Whether speaking/reasoned Whether reportable referring to any rules/regulations or pointing out any tangible assertions In fact, this Court is perplexed by the stand set out in the preferred by the petitioners was with a direction to decide their legal notice(s), and no if any, post re-fixation, was issued . Suffice it to say: consideration of issue of arrears, fixation of pay, is a natural consequence, which does not require for this Court to pass directions even to consider and decide the issue of payment of arrears upon re-fixation of In view of the above, the observations recorded in the “That the said petitioners shall not be entitled to the arrears of pay, if any, accrued as a result of her re-fixation of pay” the matter is remitted to the authorities of entitlement of petitioners for arrears pass a speaking order afresh, in within 8 weeks from the receipt of a certified copy It goes without saying that before drawing the final order, the petitioners shall be afforded due opportunity of hearing, enabling (KULDEEP TIWARI) JUDGE Yes Yes/No tions the stand set out in the as no was issued . Suffice it to say: consideration of issue of arrears, fixation of pay, is a natural consequence, which does not require for this Court to pass directions even fixation of the “That the said petitioners shall not be entitled fixation of pay” the matter is remitted to the authorities petitioners for arrears in within 8 weeks from the receipt of a certified copy It goes without saying that before drawing the final order, enabling AMIT KUMAR 2026.07.15 17:37 I attest to the accuracy and authenticity of this document