CWP-22038-2016 IN T 224 Munish Kumar an State of Punjab an CORAM: HON ***** Present : Mr. Ms. K for th Mr. S ***** AMAN CHAUDH 1. Praye release the arrear Punjab Governme anomaly stood rem by the District Ed respondent Nos.1, 2016 (O&M) IN THE HIGH COURT OF PUNJA AT CHANDIGARH CWP Date ar and others Versus and others HON'BLE MR. JUSTICE AMAN C ***** Mr. Vinay Gaur, Advocate for Ms. Kriteka Sheokand, Advocate for the petitioners. Mr. Satnam Preet Singh, DAG, Punja ***** AUDHARY, J. (ORAL) Prayer made in the present petition fo arrears of pay anomaly w.e.f. it aro vernment Letter dated 13.10.2014 ( removed w.e.f. 06.10.2014 as is ap ict Education Officer (Elementary Ed Nos.1, 2, 4 and 7, relevant extract of w “2. That in this regard it is s were appointed as Elementa Department of Rural Developm Department of Local Bodies, 2006. It is further submitted earlier under the administrativ Rural Development and Panch Local Bodies, Punjab merged Education during the year of of the petitioners were also m 1 UNJAB & HARYANA ARH CWP-22038-2016 (O&M) Date of decision: 14.01.2025 ...Petitioners ...Respondents AN CHAUDHARY , Punjab. ition for directing the respondents to it arose i.e. 01.11.2011 as per the 014 (Annexure P4), whereby the s is apparent from the affidavit filed ry Education), Patiala, on behalf of of which reads thus:- it is submitted that the petitioners mentary Trained Teacher by the velopment and Panchayat as well as odies, Punjab during the year of itted that the teachers, who were istrative control of Department of Panchayat as well as Department of erged in the Department of School ar of 2014. Therefore, the services also merged in the Department of ts to the the filed lf of ners the ll as r of ere t of t of hool ices t of ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-22038-2016 2. The B filed an affidavit d 2016 (O&M) School Education during the y similar situated teachers. 3. That the claim raised by petition perused. The pay an teachers who were appointed 2007 respectively. As per rec appointed during the year of 2 as compare to the teachers wh year of 2006. This anomaly ha implementation of recommend senior employees who were a 2006 have been granted the Progression Scheme during th recommendation of pay comm who were appointed during t granted to the benefits of A Scheme during the year of 20 of pay commission. 4. That the office of responde pay anomaly of the petitioners (Annexure P7). The petitione merged in the Punjab E notification dated 19.09.2014. annexed herewith as Annexur claiming arrear w.e.f. 01.11 worthwhile to mention here petitioners remained under th respondent Nos.3, 5 and 6. pertaining to this period wa respondent Nos.3, 5 and 6. petitioners w.e.f. 01.11.201 calculated as well as paid to Nos.3, 5 and 6. Hence, the gri be redressed by the respondent Moreover, the services of the p Education Department on 06.1 petitioners are not demanding It is further submitted that no 06.10.2014 is pending. xx The Block Development and Panch davit dated 22.03.2017, relevant extrac “Thus all the posts of Teacher the Department of Rural D Punjab stood transferred to 2 the year of 2014 along with other ed by the petitioners vide present pay anomaly created amongst the inted during the year of 2006 and per record, the teachers who were ar of 2007 are drawing more salary ers who were appointed during the aly has been created on account of mendation of pay commission. The were appointed during the year of d the benefits of Assured Carrier ring the year of 2010, prior to the commission. However, the teachers ring the year of 2007 have been s of Assured Carrier Progression of 2011, after the recommendation pondent No.6 has already removed tioners vide order dated 29.12.2014 titioners along with other teachers ab Education Department vide .2014. A copy of this notification is nnexure R1. The petitioner is now 01.11.2002 to 06.10.2014. It is here that during this period, the der the Administrative control of nd 6. The entire service record d was also under the control of d 6. Therefore, the arrear of the 1.2011 to 06.10.2014 can be id to the petitioners by respondent the grievances of the petitioners can ondents No.3, 5 and 6 in better way. f the petitioners were merged in the n 06.10.2014 (Annexure R1). The nding any arrear w.e.f. 06.10.2014. at no arrear of the petitioners w.e.f. xx.” Panchayat Office, Samana, Patiala, extract whereof reads thus:- eachers which were lying vacant in ral Development and Panchayats ed to the Education Department, ther sent the and ere lary the t of The r of rrier the hers een sion tion ved 014 hers vide n is now t is the l of cord l of the be dent can ay. the The 014. .e.f. iala, t in yats ent, ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-22038-2016 3. As is are passing on the Chief Secretary of period of 4 month 14.01.2025 ashok 2016 (O&M) Punjab. The petitioners are Education Department espec shifted from Zila Parishad to their demand and therefore the seniority list of ETT Teacher Education.” As is apparent from the above, since on the buck to each other, this Court tary of the State gets the matter looked months. Whether speaking Whether reportable 3 s are treated as fresh entrant by especially when they have been ad to Education Department as per ore the responsibility of preparation eacher lies with the Department of , since both the above departments Court deems it appropriate that the looked into for resolving it within a (AMAN CHAUDHARY) JUDGE : Yes/No : Yes/No by een per tion t of ents the in a ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document