Disposed

Gaurav and Others v. Executive Council, Haryana School Shiksha Pariyojna Parishad,and Others

Punjab & Haryana HC25 Jan 2024CWP/1708/2024

Case brief

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What is this about?

The High Court disposed of the writ petition without adjudicating merits, directing the respondent authority to decide a pending representation on 7th Pay Commission benefits within three months and directing payment of costs for delays.

What did the court decide?

Direction to respondent to decide pending representation regarding 7th Pay Commission benefits within three months by passing a speaking order with payment of costs for delay.

Gaurav and Others Vs Executive… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

2024:PHHC:010318

CWP-1708-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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115 CWP-1708-2024 Date of Decision: 25.01.2024

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Gaurav and others

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…Petitioner(s)

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Versus

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Executive Council, Haryana School Shiksha Pariyojna Parishad and others …Respondent(s)

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CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

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Present:Mr. Tejpal Singh Dhull, Advocate for the petitioners

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Ms. Tanushree Gupta, DAG, Haryana

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TRIBHUVAN DAHIYA, J. (Oral)

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This petition has been filed, inter alia , seeking a writ of certiorari quashing the condition imposed in the petitioners’ appointment letter, dated 10.09.2019, Annexure P-3, to the extent they are entitled to minimum scale of 6^th pay commission prescribed under Haryana Service ByeLaws, 2013, Annexure P-1. Further, a direction has been sought to grant the petitioners minimum of the pay scale plus grade pay with dearness allowance admissible under 7^th pay commission from the date of their appointment.

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Learned counsel for the petitioners submits that grievance raised herein is pending for appropriate decision before the respondents. At this stage, the petitioners will be satisfied in case respondent No.2 is directed to

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PAYAL 2024.01.25 17:59 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:010318

CWP-1708-2024

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decide the pending representation, dated 15.07.2020, Annexure P-4, in a specified period.

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Notice of motion.

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Ms. Tanushree Gupta, DAG, Haryana, appearing on advance notice, submits that the pending representation shall be decided by respondent No.2 expeditiously.

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In view thereof, without going into merits of the case, the petition is disposed of with a direction to respondent No.2/State Project Director, Haryana School Shiksha Pariyojna Parishad, to consider and decide the pending representation dated 15.07.2020, by passing a speaking order, keeping in view the law laid down by the Supreme Court in Bahadur Singh and others v. Jaspreet Kaur Talwar and others, 2022 SCC OnLine SC 1077 , as well as the fact that other employees working in the Parishad have already been given benefit of pay scale as per the 7^th pay commission recommendations in terms of order dated 11.05.2018, within a period of three months from the date of receiving a certified copy of this order.

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In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹25,000 to the petitioners.

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(TRIBHUVAN DAHIYA) JUDGE

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25.01.2024 Payal
	Whether speaking/reasoned	Yes/No
	Whether reportable	Yes/No

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PAYAL 2024.01.25 17:59 I attest to the accuracy and authenticity of this order/judgment

Gaurav and Others v. Executive Council, Haryana School Shiksha Pariyojna Parishad,and Others

Case brief

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Gaurav and Others v. Executive Council, Haryana School Shiksha Pariyojna Parishad,and Others

Case brief

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