CWP IN THE HIGH COURT OF PUNJAB & HARYANA AT 972 Harvinder Kaur and another State of Punjab and Others CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Present : AMAN CHAUDHARY, J. (ORAL) 1. Pay Scale of Teachers Act, 2004, memo/letter dated 29.12.2004 and 07.03.2005. 2. pendency of Punjab and others the judgment in CWP Punjab and others (supra) reads thus: CWP-12720-2006 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Harvinder Kaur and another Versus State of Punjab and Others CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Shreesh Kakkar, Advocate for Mr. Kapil Kakkar, Advocate, for the petitioners. Ms. Shruti, AAG, Punjab. AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petition is for quashing the Punjab Pay Scale of Teachers Act, 2004, memo/letter dated 29.12.2004 and 07.03.2005. Reliance in the index of the petition was placed on the pendency of CWP-8285-2005, Amarjit Kaur and others Punjab and others, which now stands decided on 30.10.2012, based on the judgment in CWP-14634-2009, Beant Singh and others vs. State of Punjab and others, decided on 30.08.2010 reads thus:- “14. As a sequel to the aforesaid discussion, we are of the considered view that the Act is intravires and it cannot be declared as ultra vires of the However, no recovery could be made from the petitioners as payment of benefits in pursuance to the policy circular dated 23.7.1957 and 19.2.1979, was made to them without -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-12720-2006 (O & M) Date of decision: 03.05.2025 ....Petitioners ...Respondents CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Shreesh Kakkar, Advocate for Prayer made in the present petition is for quashing the Punjab Pay Scale of Teachers Act, 2004, memo/letter dated 29.12.2004 and Reliance in the index of the petition was placed on the Amarjit Kaur and others vs. State of , which now stands decided on 30.10.2012, based on Beant Singh and others vs. State of , decided on 30.08.2010, relevant para of Beant Singh As a sequel to the aforesaid discussion, we are of the considered view that the Act is intravires and it cannot be declared as ultra vires of the Constitution. However, no recovery could be made from the petitioners ent of benefits in pursuance to the policy circular dated 23.7.1957 and 19.2.1979, was made to them without PARVEEN KUMAR 2025.05.06 16:20 I attest to the accuracy and integrity of this order/judgment. CWP 3. petition in terms of efforts, was unable to resist by distinguishing the same or citing any contrary law. 4. 03.05.2025 parveen kumar Whether speaking/reasoned : Yes / No Whether reportable CWP-12720-2006 any misrepresentation on their part. For the aforesaid view, we place reliance on a Full Bench judgment of this Court rendered in the case of Budh R Haryana, 2009 (3) PLR 1511. Accordingly, the writ petitions are allowed to the aforesaid extent leaving the official respondents to re-fix the pay of the petitioners without effecting any recovery.” Learned counsel for the petition petition in terms of the aforesaid, which learned State counsel efforts, was unable to resist by distinguishing the same or citing any contrary law. The present petition is disposed of Whether speaking/reasoned : Yes / No Whether reportable : Yes / No -2- any misrepresentation on their part. For the aforesaid view, we place reliance on a Full Bench judgment of this Court rendered in the case of Budh Ram Garg v. State of Haryana, 2009 (3) PLR 1511. Accordingly, the writ petitions are allowed to the aforesaid extent leaving the fix the pay of the petitioners without effecting any recovery.” Learned counsel for the petitioners prays for disposal of the which learned State counsel despite best efforts, was unable to resist by distinguishing the same or citing any he present petition is disposed of accordingly. (AMAN CHAUDHARY) JUDGE PARVEEN KUMAR 2025.05.06 16:20 I attest to the accuracy and integrity of this order/judgment.