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2025 DAILYLAW 101434 (PNJ)

MADAN DASS AND OTHERS v. STATE OF PUNJAB AND OTHERS

CWP/27676/2025 · 2025-09-25

Harpreet Singh Brar

body2025

Judgment text

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CWP-27676-2025 -1- 111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27676-2025 (O&M) Date of decision: 25.09.2025 Madan Dass and others ... Petitioners Vs. State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Gitanjali Chhabra, Advocate, Mr. Manik Khurana, Advocate and Ms. Muskan, Advocate for the petitioners. Mr. Vikas Sonak, AAG, Punjab for respondents No.1 & 2. ******* HARPREET SINGH BRAR, J. (ORAL) 1. Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to consider the claim of the petitioners in view of the judgment dated 05.03.2012 (Annexure P-6) passed by this Court in CWP- 4126-2012 titled as Harbhajan Singh Vs. State of Punjab and others, as VISHNU 2025.09.26 18:42 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-27676-2025 -2- their junior employee namely Harbhajan Singh has already been granted the benefits. 2. At this stage, Mr. Balram Singh, Advocate appears on behalf of respondent No.3 and files his Vakalatnama in the Court today, which is taken on record. Registry is directed to tag the same at the appropriate place of the case file. At the very outset, he submits that the claim raised by the petitioners in the present petition is hopelessly barred by the principle of delay and laches, as they retired in the years 2011 & 2017. The petitioners are fence sitters and they have filed the present petition in 09.09.2025 to consider their claim in terms of the judgment rendered by the Coordinate Bench of this Court in Harbhajan Singh’s case (supra), which was passed in the light of a judgment of this Court rendered in CWP-10759-1990 titled as Rajender Paul Gautam and others Vs. State of Punjab and others, decided on 30.05.2008 and while deciding the intra-Court appeal i.e. LPA-44-2009, preferred by the State, the judgment dated 30.05.2008, was upheld, vide judgment dated 15.02.2010 (Annexure P-8). Even Special Leave to Appeal (Civil) No.14994- 14995 of 2010 filed by the State before the Hon’ble Supreme Court against the order dated 15.02.2010 (Annexure P-8) was also dismissed. 3. Learned counsel for respondent No.3 further submits that aforementioned Harbhajan Singh in CWP-4126-2012 was diligent and filed writ petition in the year 2012 itself. In the present case, petitioners No.1 & 2 VISHNU 2025.09.26 18:42 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-27676-2025 -3- retired on 31.08.2017 and petitioner No.3 retired on 30.04.2011 and they raised the claim for revision of their basic pay after about 08 years and 14 years respectively. 4. At this stage, learned counsel for the petitioners wishes to withdraw the present petition and seeks liberty to file a fresh petition with better particulars. 5. Dismissed as withdrawn with liberty aforesaid. [ HARPREET SINGH BRAR ] 25.09.2025 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2025.09.26 18:42 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh