Disposed¶20

Ravinder Kumar v. the Sonepat Hindu Educational

Punjab & Haryana HC14 May 2025CWP/13802/2000

Case brief

AI extract

What is this about?

Sonepat Hindu Educational and Charitable Society; pay scale revision arrears; 5th Pay Commission implementation 01.01.1998; resigned Lecturer Electrical Engineering; two months salary arrears 01.01.1998 to 28.02.1998; writ of mandamus; maintainability of writ petition against self-financing institution receiving no grant-in-aid; interest at 18% per annum; short affidavit 11.02.2025; CWP-13802-2000 (O&M); Punjab and Haryana High Court; Justice Tribhuvan Dahiya; decided 14.05.2025.

What did the court decide?

Direction to the respondents to release to the petitioner the arrears of salary for two months (01.01.1998 to 28.02.1998) within a period of four weeks; pending miscellaneous applications stand disposed of. The direction does not extend to interest at 18% per annum or to arrears prior to 01.01.1998. ¶20

Ravinder Kumar Vs the Sonepat Hindu Educational — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner is entitled to arrears of salary on account of revision of pay scale with effect from 01.01.1996 to 28.02.1998, along with interest at the rate of eighteen per cent per annum, sought by way of a writ of mandamus. +1 more

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Court's answer

Since the petitioner admittedly worked in the Institute from 01.01.1998 to 28.02.1998 before resigning, and the Institute has already released arrears of pay to other employees with effect from 01.01.1998, the petition is disposed of with a direction to the respondents to release the arrears of salary for two months, i.e., from 01.01.1998 to 28.02.1998, to the petitioner within a period of four weeks.

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Key takeaways

Pending miscellaneous application(s), if any, shall also stand disposed of.¶21

Detailed headnote1 paragraphs

CWP-13802-2000 (O&M), Punjab and Haryana High Court at Chandigarh (Tribhuvan Dahiya, J., oral), decided 14.05.2025: Ravinder Kumar, formerly Lecturer in Electrical Engineering in the respondent Institute from 21.08.1995 until his resignation on 28.02.1998, sought a writ of mandamus for arrears due on revision of pay scale (claimed from 01.01.1996 to 28.02.1998) with interest at 18% per annum. The Institute had implemented the 5th Pay Commission recommendations with effect from 01.01.1998 and released arrears to its employees on 29.10.2002; by short affidavit dated 11.02.2025 it admitted entitlement at the most to two months' arrears (01.01.1998 to 28.02.1998), as given to other employees. The respondent's objection that the writ petition was not maintainable against a self-financing Institute receiving no grant-in-aid was not decided ('Be that as it may'). The petition was disposed of with a direction to release the two months' arrears within four weeks; pending miscellaneous applications stand disposed of.

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CWP-13802-2000

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208 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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CWP-13802-2000 (O&M) Decided on:14.05.2025

Ravinder Kumar

.... Petitioner

versus

The Sonepat Hindu Educational and Charitable Society, Sonepat and another

¶9

.... Respondents

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CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

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Present: Ms. Sangita Dhanda, Advocate for the petitioner.

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Mr. Gaurav Mohunta, Advocate and Mr. Pratyush Sood, Advocate for the respondents.

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Tribhuvan Dahiya, J. (Oral)

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The petition has been filed inter alia seeking a writ of mandamus directing the respondents to pay the arrears due to the petitioner on account of revision of pay scale with effect from 01.01.1996 to 28.02.1998, along with interest at the rate of eighteen per cent per annum.

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Learned counsel for the petitioner contends that the petitioner was working as Lecturer in Electrical Engineering in the respondent Institute with effect from 21.08.1995, and resigned from service on 28.02.1998. The Institute implemented the recommendations of 5^th Pay Commission for its staff/employees with effect from 01.01.1998, and released the arrears on 29.10.2002. It has been stated in the short affidavit dated 11.02.2025 filed on behalf of the Institute that at the most the petitioner is entitled to arrears of salary with effect from 01.01.1998 upto the date of resignation, 28.02.1998, i.e., two months, as the same have been given to other employees also. The petitioner will be satisfied in case the admitted claim is granted.

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SONIA BURA 2025.05.20 10:22 I attest to the accuracy and integrity of this document

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¶18

CWP-13802-2000

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Learned counsel for the respondent contends that the writ petition itself is not maintainable as the Institute is self-financing and receives no grant-in-aid from the Government.

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Be that as it may, since admittedly the petitioner has worked in the Institute from 01.01.1998 to 28.02.1998 before resigning from service, and the Institute has already released the arrears of pay to other employees with effect from 01.01.1998, the present petition is disposed of with a direction to the respondents to release the arrears of salary for two months, i.e., from 01.01.1998 to 28.02.1998 to the petitioner within a period of four weeks from today.

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Pending miscellaneous application(s), if any, shall also stand(s) disposed of.

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14.05.2025 (TRIBHUVAN DAHIYA) sonia JUDGE Whether speaking/non-speaking? Yes/No Whether reportable? Yes/No

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SONIA BURA 2025.05.20 10:22 I attest to the accuracy and integrity of this document

Ravinder Kumar v. the Sonepat Hindu Educational

Case brief

What is this about?

What did the court decide?

Ravinder Kumar v. the Sonepat Hindu Educational

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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