Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 44082 (PNJ)

NARENDER KUMAR AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/10192/2025 · 2025-05-16

Tribhuvan Dahiya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

116 IN THE HIGH COURT OF PUNJAB AND HARYANA Narender Kumar State of Haryana and Others CORAM: HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Ms. Tanushree Gupta, D TRIBHUVAN DAHIYA The petition quashing the orders dated 29.12.2020 and 30.11.2023, Annexures P respectively, whereby directions have been given to re and effect recovery by withdrawing the bene given. 2. Learned counsel contends that under similar circumstances this Court has disposed of the petition, CWP others v. State of Haryana and others following terms: post the Notification issued by the Government of Haryana. It is also not disputed that vide order dated 05.04.2021 passed by a Coordinate Bench of this Court, the recovery notices (impugned here IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-10192 Date of Decision :16.05.2025 Narender Kumar and Others Versus of Haryana and Others HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Manoj Sharma, Advocate for the petitioner Ms. Tanushree Gupta, Deputy Advocate General TRIBHUVAN DAHIYA, J. (ORAL) The petition has been filed, inter alia quashing the orders dated 29.12.2020 and 30.11.2023, Annexures P respectively, whereby directions have been given to re and effect recovery by withdrawing the benefit of stepping up of pay earlier Learned counsel contends that under similar circumstances this Court has disposed of the petition, CWP-7573- State of Haryana and others, vide order dated 21.03.2023, in following terms: It is not disputed that the pay of the petitioners was fixed post the Notification issued by the Government of Haryana. It is also not disputed that vide order dated 05.04.2021 passed by a Coordinate Bench of this Court, the recovery notices (impugned herein) have been stayed. IN THE HIGH COURT OF PUNJAB AND HARYANA 10192-2025 Date of Decision :16.05.2025 …Petitioners ….Respondents HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA Advocate for the petitioners. eputy Advocate General, Haryana. inter alia, seeking a writ of certiorari quashing the orders dated 29.12.2020 and 30.11.2023, Annexures P-4 and P-5 respectively, whereby directions have been given to re-fix the petitioners’ pay fit of stepping up of pay earlier Learned counsel contends that under similar circumstances this -2021 titled Bimal Kishore and , vide order dated 21.03.2023, in the It is not disputed that the pay of the petitioners was fixed post the Notification issued by the Government of Haryana. It is also not disputed that vide order dated 05.04.2021 passed by a Coordinate Bench of this Court, the recovery notices (impugned certiorari 5 fix the petitioners’ pay fit of stepping up of pay earlier Learned counsel contends that under similar circumstances this Bimal Kishore and the It is not disputed that the pay of the petitioners was fixed post the Notification issued by the Government of Haryana. It is also not disputed that vide order dated 05.04.2021 passed by a Coordinate Bench of this Court, the recovery notices (impugned PUSHPINDER SAINI 2025.05.21 18:29 I attest to the accuracy and integrity of this document CWP-10192-2025 present petition is disposed of, with a direction that the operation of the order dated 05.04.2021 passed by a Coordinate Bench of this Court sh directed not to effect any recovery, till the decision of Samunder Singh's case (supra). The petitioners herein are similarly situated employees, as the petitioners Bimal Kishore case their case as well. 3. Learned State counsel, on instructions, contends that no recovery has been effected from the petitioners similarly placed as the petitioners 4. Accordingly, the petition stands disposed of by restraining the respondent Department from effecting recovery from the petitioners till final decision of the case, CWP No.12052 of 2019 titled v. State of Haryana and others May 16, 2025 ps 2025 -2- Without commenting anything on the merits of the case, the present petition is disposed of, with a direction that the operation of the order dated 05.04.2021 passed by a Coordinate Bench of this Court shall remain in force and the respondent directed not to effect any recovery, till the decision of Samunder Singh's case (supra). The petitioners herein are similarly situated employees, as the petitioners case (supra), and are claiming that similar directions be issued in their case as well. Learned State counsel, on instructions, contends that no recovery has been effected from the petitioners. It is also not disputed similarly placed as the petitioners in Bimal Kishore Accordingly, the petition stands disposed of by restraining the respondent Department from effecting recovery from the petitioners till final decision of the case, CWP No.12052 of 2019 titled State of Haryana and others. May 16, 2025 Whether speaking/ reasoned Whether reportable Without commenting anything on the merits of the case, the present petition is disposed of, with a direction that the operation of the order dated 05.04.2021 passed by a Coordinate Bench of this all remain in force and the respondent-Departments are directed not to effect any recovery, till the decision of Samunder The petitioners herein are similarly situated employees, as the petitioners in are claiming that similar directions be issued in Learned State counsel, on instructions, contends that no recovery It is also not disputed that they are Bimal Kishore case (supra). Accordingly, the petition stands disposed of by restraining the respondent Department from effecting recovery from the petitioners till final decision of the case, CWP No.12052 of 2019 titled Samunder Singh and others (TRIBHUVAN DAHIYA) JUDGE : Yes/No : Yes/No Without commenting anything on the merits of the case, the present petition is disposed of, with a direction that the operation of the order dated 05.04.2021 passed by a Coordinate Bench of this Departments are directed not to effect any recovery, till the decision of Samunder in are claiming that similar directions be issued in Learned State counsel, on instructions, contends that no recovery that they are Accordingly, the petition stands disposed of by restraining the respondent Department from effecting recovery from the petitioners till final Samunder Singh and others TRIBHUVAN DAHIYA) PUSHPINDER SAINI 2025.05.21 18:29 I attest to the accuracy and integrity of this document