Disposed¶21

Sohan Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC13 May 2025CWP/13575/2025

Case brief

AI extract

What is this about?

Consolidated salary versus statutory pay scale for Clerk post; claim founded on CWP No.15896 of 2023 (Saurabh Sharma v. State of Punjab, decided 13.09.2024); legal notice dated 04.11.2024, Annexure P-9, pending with respondents; direction to competent authority to decide within eight weeks by speaking order; acceptance if feasible else reasoned order to be conveyed; petition disposed of as not pressed; arrears, benefits and interest sought but no quantum adjudicated.

What did the court decide?

Direction to the competent authority to decide the pending legal notice dated 04.11.2024 (Annexure P-9) within eight weeks of receipt of certified copy of the order by passing an appropriate speaking order; the claim to be accepted if found feasible, otherwise a reasoned speaking order to be passed and conveyed to the petitioners. ¶21

Sohan Singh and Ors. Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, working on the post of Clerk on consolidated salary, are entitled to the statutory pay scale fixed for the said post from the date of appointment, with arrears, benefits and interest, in view of the judgment in CWP No.15896 of 2023 (Saurabh Sharma and ors. Vs. State of Punjab and ors.). +1 more

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Ratio / Principle

On the statement of the State's counsel, the pending legal notice dated 04.11.2024 (Annexure P-9) shall be decided by the competent authority within eight weeks of receipt of the certified copy of the order, by passing an appropriate speaking order.

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Key takeaways

If it is found feasible to accept the petitioners' claim, it will be accepted; otherwise due reasons will be recorded in the speaking order and the order will be conveyed to the petitioners.ratio¶19
In view of the statement of learned counsel for the respondent-State, the petition was disposed of as not pressed any further; the Court made no finding on the entitlement to the statutory pay scale, leaving that to the competent authority.ratio¶20

Detailed headnote1 paragraphs

Sohan Singh and ors. v. State of Punjab and ors., CWP-13575-2025 (Punjab and Haryana High Court, Harsimran Singh Sethi, J., oral, decided 13-05-2025): Petitioners working as Clerks on consolidated salary claimed the statutory pay scale for the post from the date of appointment with arrears, benefits and interest, relying on CWP No.15896 of 2023 (Saurabh Sharma and ors. v. State of Punjab and ors., decided 13.09.2024), stated to have been upheld up to the Supreme Court; their grievance had been raised in a legal notice dated 04.11.2024 (Annexure P-9) pending with the respondents. On the statement of the State's counsel, the petition was disposed of as not pressed, with a direction to the competent authority to decide the notice within eight weeks by a speaking order, accepting the claim if feasible or recording reasons and conveying the order to the petitioners.

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118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-13575-2025 Date of Decision : 13-05-2025

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SOHAN SINGH AND ORS

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........Petitioner(s)

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VERSUS

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STATE OF PUNJAB AND ORS

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........Respondent(s)

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CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

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Present: Ms. Ramandeep Kaur, Advo c ate for Mr. R.S Sohi, Advocate for t he petitioners.

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HARSIMRAN SINGH SETHI, J. (Oral)

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Learned counsel for the pe t itioners argues that the petitio n ers are being paid the consolidated salary w hile working on the post of C l erk whereas, the petitioners are entitled for t h e statutory pay scale fixed for the said post keeping in view the judgme n t of this Court in Court in C W P No.1589 6 of 2023 titled “Saurabh Sharma and ors. Vs. State of Punjab and ors.”, decided on 13.09.2024, which judgment has been upheld upto the Hon’ble S upreme Court of India hence, the respondents are liable to be directed t o grant the statutory pay scale from the date, the petitioners w ere appointe d along with arrears including al l the benefits with interest. 2. Learned counsel for the pet i tioners submits that the grieva n ce being rai s ed by the petitioners have alre a dy been raised in the legal no t ice dated 04. 1 1.2024, copy of which has bee n appended as Annexure P-9 but the same is s t ill pending consideration with t he respondents and the petitio n ers

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SAPNA GOYAL 2025.05.13 16:08 I attest to the accuracy and integrity of this document

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CWP-13575-2025

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will be satisfied, at this stage, in case a direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound

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manner.

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3 Notice of motion.

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On the asking of the Court, Mr. T.P.S Chawla, Sr. DAG Punjab accepts notice on behalf of the respondent-State and submits that in case, the legal notice dated 04.11.2024 (Annexure P-9) has been received in the office of the concerned authorities and the same is still pending consideration with the authorities concerned, the same will be decided by the competent authority within a period of eight weeks from the date of the receipt of certified copy of this order by passing an appropriate speaking order. Learned counsel further submits that in case, it is found feasible to accept the claim of the petitioners, the same will be accepted, otherwise due reasons will be mentioned for not accepting the claim of the petitioners in the speaking order to be passed and the said order will be duly conveyed to the petitioners.

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Learned counsel for the petitioners submits that keeping in view the statement of learned counsel for the respondent-State, the present petition may kindly be disposed of having been not pressed any further.

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Ordered accordingly.

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13-05-2025 (HARSIMRAN SINGH SETHI) Sapna Goyal JUDGE

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NOTE: Whether speaking: YES Whether reportable: NO

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SAPNA GOYAL 2025.05.13 16:08 I attest to the accuracy and integrity of this document

Sohan Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

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Sohan Singh and Ors. v. State of Punjab and Ors.

Case brief

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