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2025 DAILYLAW 67897 (PNJ)

GURMEET SINGH & ORS v. STATE OF PUNJAB AND ORS

CWP/26438/2016 · 2025-03-19

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 212-1 CWP-26438-2016 (O&M) Date of decision: 19.03.2025 Gurmeet Singh and others ...Petitioners VERSUS State of Punjab and others ...Respondents 212-2 CWP-19404-2021 (O&M) Date of decision: 19.03.2025 Jatinder Singh and others ...Petitioners VERSUS State of Punjab and others ...Respondents 212-3 CWP-24799-2022 (O&M) Date of decision: 19.03.2025 Baldev Singh ...Petitioner VERSUS State of Punjab and others ...Respondents 212-4 CWP-24802-2022 (O&M) Date of decision: 19.03.2025 Amrik Singh ...Petitioner VERSUS State of Punjab and others ...Respondents 212-5 CWP-1791-2020 (O&M) Date of decision: 19.03.2025 Harbhajan Singh and others ...Petitioners VERSUS State of Punjab and others ...Respondents MANGAL SINGH 2025.03.24 16:37 I attest to the accuracy and integrity of this document 2 212 CWP-26438-2016 and 05 other connected cases 212-6 CWP-22955-2023 (O&M) Date of decision: 19.03.2025 Raj Kumar and others ...Petitioners VERSUS State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Anish Verma, Advocate for the petitioner(s) in CWP-24799-2022 and CWP-24802-2022. Mr. Neeraj Sharma, Advocate for the petitioner(s) in CWP-26438-2016 and CWP-19404-2021. Mr. Ranjivan Singh, Advocate for the petitioner(s) in CWP-22955-2023 and CWP-1791-2020. Mr. Sumit Gupta, Advocate for respondent No.3 in CWP-1791-2020. Mr. Pranav Chadha, Advocate for respondent No.4 in CWP-26438-2016. Mr. Arnav Mittal, Advocate for respondent No.4 in CWP-19404-2021. Mr. Anil K. Sharma, Advocate for respondent No.3 in CWP-22955-2023. Ms. Sanya Shangari, Advocate for Mr. Sarthak Gupta, Advocate for respondents No.3, 5 and 6 in CWP-24799-2022 and for respondents No.3, 6 and 7 in CWP-24802-2022. Mr. Balwinder Singh, AAG Punjab. ***** VINOD S. BHARDWAJ, J. (Oral) The present writ petitions are being decided by a common order considering that the challenge in all these cases is to the circular/letter dated MANGAL SINGH 2025.03.24 16:37 I attest to the accuracy and integrity of this document 3 212 CWP-26438-2016 and 05 other connected cases 25.08.2016 whereby the benefit of Leave Encashment has been declined to the petitioners for the period served by them on work-charged basis prior to their regularization. Learned counsel for the petitioners contend that similar controversy was pending consideration before a Coordinate Bench of this Court in CWP-19425-2017 titled as ‘Sikander Singh Vs. State of Punjab and others’ which has since been decided vide judgment dated 10.02.2025 and the order declining similar relief to the petitioner therein has been set aside, holding him entitled for counting of the total length of service, which would also include the service rendered by him on work-charge basis before being regularized, as qualifying service for computing the entitlement of the leave encashment also. Learned counsel for the respondent-State are not in a position to dispute or deny the aforesaid judgment. In view of the above, the writ petitions are allowed in terms of the judgment dated 10.02.2025 passed in CWP-19425-2017 titled as ‘Sikander Singh Vs. State of Punjab and others’. So far as CWP-1791-2020 titled as ‘Harbhajan Singh and others vs. State of Punjab and others’ is concerned, there is an additional claim made qua petitioners No.1 and 2 for grant of salary. Learned counsel appearing on behalf of the petitioners contends that the said petitioners may be granted liberty to make a representation for the aforesaid relief to the respondent-authorities. Ordered accordingly. MANGAL SINGH 2025.03.24 16:37 I attest to the accuracy and integrity of this document 4 212 CWP-26438-2016 and 05 other connected cases Needless to mention that in the event such a representation is filed, the respondents are directed to take an expeditious decision thereupon and preferably within a period of 04 months of receipt of a certified copy of this order. In the event any amount is found payable, the same be released within a period of 02 months thereafter failing which respondent(s) shall be liable to pay interest @ 6% per annum from the date of filing of the writ petition till payment of the dues. All pending civil misc. application(s), if any, stand disposed of. (VINOD S. BHARDWAJ) 19.03.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.03.24 16:37 I attest to the accuracy and integrity of this document