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Satya Paul Garg and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC21 Jul 2011CWP/2784/1994

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana analyzed the State's stance on the retrospective application of government instructions regarding proficiency step up. The court directed the Government to decide petitioner cases consistent with the Beant Singh Bedi judgment, applying relevant instructions prospectively from specific dates.

What did the court decide?

Directed the Government to decide the petitioners' cases in accordance with the judgment in Beant Singh Bedi v. State of Punjab and others.

Satya Paul Garg and Ors. Vs State… — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No. 2784 of 1994

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Date of decision: July 21, 2011

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Satya Paul Garg and others

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.. Petitioners

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Vs.

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State of Punjab and others

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.. Respondents

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Coram: Hon'ble Mr. Justice A.N. Jindal

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Present: Mr. Varinderpal Singh, Advocate for the petitioners. Mr. P.C. Goel, Addl. A.G. Punjab.

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A.N. Jindal, J

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The petitioners have invoked the provisions of Article 226 of the Constitution of India for issuing direction to the respondents to release the benefit of proficiency step up to them with effect from the date of their entitlement.

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Arguments heard. Record perused.

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The case of the State is that the instructions issued on 1.9.1989 cannot be applied retrospectively and the Government vide instructions dated 5.9.1994 clarified that any employee who had fulfilled the condition as laid down in the instructions contained in circular No.7/14/885PPI/2269/18527 dated 1.12.1988 is entitled to the benefit for grant of proficiency step up. The instructions dated 1.9.1989 became subject matter of discussion in CWP No. 3397 of 1991, titled as Beant Singh Bedi, Additional District & Sessions Judge vs. State of Punjab and another, and this Court vide order dated 12.12.1991 held that said clarification issued vide instructions dated 1.9.1989 to be prospective in nature and also upheld the valildity and legality of the said instructions. The Government filed L.P.A. against this judgment but the same was dismissed by this Court and the S.L.P. filed by the State before the Supreme Court was also dismissed. Consequently, the Government decided as under :-

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“ ..... In view of this legal position, it has been decided that the clarifications given in government instructions dated 1.9.1989

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Civil Writ Petition No. 2784 of 1994

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-2-

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and 26.3.1990 referred to above, should be made effective prospectively, that is grant of proficiency step- up (s) to the different categories of the government employees from the date (s) earlier to the date of issue of the instructions dated 1.9.89 and 26.3.90 may be dealt with, as per government instructions dated 1.12.1988 referred to above, and the cases of employees in whose cases the proficiency step-up (s) became due after 1.9.89 or 26.3.90, as the case may be, should be dealt with instructions dated 1.12.88 read with instructions dated 1.9.89 and 26.3.90.”

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Thus, it is ordered that the Government would decide the case of the petitioners in accordance with judgment delivered by this Court in case Beant Singh Bedi v. State of Punjab and others, 1991 (6) SLR 772 , if not decided earlier.

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Disposed of accordingly.

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July 21, 2011 deepak

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(A.N. Jindal) Judge

Satya Paul Garg and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Satya Paul Garg and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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