Dismissed

Mangal Singh Kalsi v. State of Punjab and Others

Punjab & Haryana HC4 Mar 2024LPA/980/2023

Case brief

AI extract

What is this about?

This Letters Patent Appeal was dismissed in limine. The High Court condoned a 31-day delay in re-filing the appeal and held no infirmity existed in the Single Judge's order rejecting the claim for pay parity, noting the matter was complex and required executive/financial decision-making.

What did the court decide?

The Letters Patent Appeal is dismissed in limine and the Single Judge's order is upheld.

Mangal Singh Kalsi Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

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Neutral Citation No. 2024:PHHC:030437-DB

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IN THE HIGH COURT OF PUNJAB AND HARYANA

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AT CHANDIGARH

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(113) LPA-980-2023 (O&M) Decided on : 04.03.2024

Mangal Singh Kalsi

……Appellant(s)

Versus

State of Punjab and others

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……Respondent(s)

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CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA, ACTING CHIEF JUSTICE HON'BLE MS.JUSTICE LAPITA BANERJI

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Present: Mr. Ramesh Sharma, Advocate for the appellant (s).

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Mr. Salil Sabhlok, Sr. DAG, Punjab.

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G.S. Sandhawalia, Acting Chief Justice (Oral)

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CM-2514-LPA-2023

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Application for condonation of delay of 31 days in re-filing the present appeal, is allowed, in view of the averments made in the application, duly supported by affidavit of the counsel. Delay of 31 days in re-filing the appeal is condoned.

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CM stands disposed of.

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LPA-980-2023 (O&M)

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Consideration in the present letters patent appeal is sought of the order of the learned Single Judge dated 24.02.2023 passed in CWP-9312-2005 filed by the appellant, whereby the request for grant of parity of pay had been rejected.

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Vide the said order, the Learned Single Judge came to the conclusion that the benefit had already been granted w.e.f. 01.01.1986 and there was no conscious decision taken by the Government to equate the two posts for the purpose of pay parity and it was a highly complex matter and Courts are not experts and the Pay Commission or the Pay Anomaly Committee are constituted for deciding the issues related to payment of Government Employees. Resultantly, the writ petition was dismissed, while placing reliance upon the judgment of the Apex Court passed in State of Bihar Vs. Bihar Secondary Teachers Struggle Committee, Minger and others, (2019) 18 SCC 301.

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NAVEEN NAGPAL 2024.03.11 10:36 I attest to the accuracy and authenticity of this order/judgment. Chandigarh

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-2-

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LPA-980-2023 (O&M)

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The claim as such in the writ petition was for grant of pay scales equivalent/corresponding to Crafts Instructors in ITIs prior to 01.01.1986, while raising challenge to the order dated 16.03.2005 (Annexure P-9). A perusal of the said order would go on to show that the Special Secretary, Rural Development and Panchayat Department had noticed that the writ petitioner had been granted pay scale equivalent to the Craft Instructors w.e.f. 01.01.1986 and annual increments and proficiency step up increments were also granted and the matter is under consideration with the Finance Department. Claim as such was for the benefits prior to the cut-off-date and in such circumstances is not liable to be granted, keeping in view the fact that it is for the State to take a call and keeping in view the financial implications involved and a decision regarding equivalence.

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In such circumstances, the view taken by the Learned Single Judge does not suffer from any infirmity, which would warrant interference in the present letters patent appeal. Resultantly, the present letters patent appeal is dismissed in limine.

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(G.S. SANDHAWALIA) ACTING CHIEF JUSTICE

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04.03.2024 Naveen

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(LAPITA BANERJI) JUDGE

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Whetherspeaking/reasoned :	√Yes	No
Whether Reportable :	Yes	√No

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NAVEEN NAGPAL 2024.03.11 10:36 I attest to the accuracy and authenticity of this order/judgment. Chandigarh

Mangal Singh Kalsi v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Mangal Singh Kalsi v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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