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2025 DAILYLAW 98191 (PNJ)

MANAVPURI AND OTHERS v. STATE OF PUNJAB AND OTHERS

CWP/26401/2025 · 2025-09-12

N S Shekhawat

body2025

Judgment text

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CWP 26401 of 2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 CWP 26401 of 2025 Date of Decision: 12.09.2025 Manav Puri and others ….Petitioners Vs. State of Punjab and others …Respondents CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present :- Mr. Nikhil Anand, Advocate for the petitioners. N.S.SHEKHAWAT , J. (Oral) 1. The petitioners have filed the present writ petition under Article 226/227 of the Constitution of India claiming the following reliefs:- “Civil Writ Petition under Articles 226/227 of Constitu- tion of India praying for issuance of Writ in the nature of Mandamus directing the Respondents to fix the pay of the petitioners, who are working as Audit Inspectors in Department of Cooperation, Punjab in pay scale of Rs 10,300-34800/- with Grade Pay of Rs. 4400/- by granting them grade pay of Rs 4400/- instead of Grade Pay of Rs 4200/- from the date of their appointment along with arrears and interest @12% per annum regarding which law has already been settled by this Hon'ble Court on 11.05.2017 (Annexure P-3) in CWP No. 15063 of 2014 and this Hon'ble Court in CWP No. 7369 of 2023 and CWP No. 6859 of 2024 allowed on 08.01.2025 (Annexure P-5) filed by counterparts/batch mates of the petitioners has also directed the Respondents to grant Grade Pay of Rs 4400/- to the petitioners therein from date of their appointment by restricting arrears to 38 months from the date of filing of the writ petitions against which LPA No. 1671 of 2025 AMIT RANA 2025.09.12 16:04 I attest to the accuracy and authenticity of this judgement/order CWP 26401 of 2025 2 and LPA No. 2107 of 2025 filed by Respondents stands dismissed vide orders dated 22.07.2025 (Annexure P-6) and 28.07.2025 (Annexure P-7). For issuance of writ in the nature of Certiorari quashing the term and condition of Grade Pay of Rs 4200/- incorporated in appointment letters of the petitioners (Appointment letter of one of the petitioners dated 19.11.2019 (Annexure P-2) is annexed with present petition) as well as term of Advertisement which provides for Grade of Rs 4200/- for Audit Inspectors, the same being contrary to the law settled by this Hon'ble Court on 11.05.2017 (Annexure P-3) passed in CWP No. 15063 of 2014; Issuing any other writ or passing any other order or direction that this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.” 2. Learned counsel for the petitioners contends that the petitioners had earlier served a legal notice dated 06.03.2025 (Annexure P-8) on the respondents to grant him the relief as claimed in the instant writ. However, the legal notice dated 06.03.2025 (Annexure P-8) was wrongly rejected by respondent No. 4 on the ground that the State intended to file an appeal/LPA against the judgment dated 08.01.2025 passed by this Court in CWP No 7369 of 2023 titled as “Gurpreet Singh and others Vs. State of Punjab and others” and CWP 6985 of 2024 titled as “Parminder Singh and others Vs. State of Punjab and others” and due to the said reason, no action was required to be taken on his legal notice. Learned counsel has brought to the notice of this Court that LPA filed by the State of Punjab against the judgment dated 08.01.2025 passed by this Court has already been dismissed. Thus, the respondents are under a legal AMIT RANA 2025.09.12 16:04 I attest to the accuracy and authenticity of this judgement/order CWP 26401 of 2025 3 obligation to consider the claim of the petitioners in the light of the judgments passed by this Court (Annexures P-5, P-6 and P-7). 3. Notice of motion. 4. On the asking of the Court, Mr. Charanpreet Singh, AAG, Punjab, who is present in the Court, accepts notice on behalf of the official respondents. Learned State counsel also concedes that the LPA preferred by the State of Punjab has already been dismissed by this Court. 6. I have heard learned counsel for the parties and perused the record carefully. 7. The writ petition is disposed off with a direction to respondent No. 4 to decide the legal notice dated 06.03.2025 (Annexure P-8) within a period of four months from the date of receipt of a certified copy of the present order by passing a speaking and well reasoned order. 8. It is expected that while passing the order, the respondent No. 4 shall take into consideration the judgments (Annexures P-5 to P-7) passed by this Court. In case, the petitioners are found entitled to any consequential benefits, the same shall be released to them forthwith with some reasonable rate of interest. 9. Disposed of in the aforesaid terms. 12.09.2025 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2025.09.12 16:04 I attest to the accuracy and authenticity of this judgement/order