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High Court of Punjab and Haryana · body

2025 DAILYLAW 66941 (PNJ)

BHAJAN LAL v. SMT. INDU MALHOTRA AND ANOTHER

COCP/2349/2024 · 2025-08-26

Sudeepti Sharma

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 COCP-2349-2024 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH COCP-2349-2024 (O&M) Date of Decision: August 26, 2025 Bhajan Lal ......Petitioner Vs. Smt. Indu Malhotra & anr. .....Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Ms. Kamlesh, Advocate for the petitioner. Mr. Animesh Sharma, Addl.A.G, Punjab. **** SUDEEPTI SHARMA J. (Oral) 1. The present contempt petition has been filed for non-compliance of order dated 26.02.2024 passed by this Court in CWP-20948-2011. 2. The relevant portion of order dated 26.02.2024 passed by this Court is reproduced as under:- “47. In the wake of above discussion and findings, this Court comes to conclusion as below: i) This Court in the normal course cannot ask State to create or sanction posts. ii) The petitioners who had completed service of 10 years by the end of December 2006, either at present are in service or have already retired, are entitled to regular post and they cannot be denied regularization on the ground of lack of sanctioned post or minimum education qualification. To avoid burden on State exchequer, it is clarified that from the deemed date of their regularization, they shall be entitled to minimum of pay scale GAURAV ARORA 2025.08.27 17:50 I attest to the accuracy and integrity of this document 2 COCP-2349-2024 (O&M) plus dearness allowance and grade pay till the date of this order and thereafter regular pay scale. iii) The petitioners who are still in service but did not complete service of 10 years by the end of December 2006 would form part of dying cadre created by 2023 Policy. The State, in view of long service of these employees, would not insist for minimum qualification. They from the date of completing service of 10 years would be entitled to minimum of pay scale plus dearness allowance plus grade pay till the date they are regularized in terms of 2023 Policy. iv) The petitioners who did not complete service of 10 years by the end of December 2006 and during the pendency of present litigation have superannuated or passed away would be entitled to minimum of pay scale plus dearness allowance and grade pay from the date of completing service of 10 years till the date of their retirement or death. v) The petitioners who have already been regularized by 31.12.2016 shall not be entitled to any additional financial benefit because they are already getting higher amount of salary for last couple of years. vi) The respondent-State shall not be liable to pay interest on arrears arising on account of re-fixation of pay.” 3. In compliance of the above order, learned State counsel submits that order dated 26.02.2024 passed by this Court in CWP-20948-2011 has been complied with and the petitioner has been regularized, vide order dated 17.05.2025. Learned counsel for the petitioner does not dispute the same. GAURAV ARORA 2025.08.27 17:50 I attest to the accuracy and integrity of this document 3 COCP-2349-2024 (O&M) 4. Accordingly, the contempt is purged and rule is discharged. 5. Pending application (s), if any also stands disposed of. (SUDEEPTI SHARMA) JUDGE August 26, 2025 Gaurav Arora Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No GAURAV ARORA 2025.08.27 17:50 I attest to the accuracy and integrity of this document