Devendra Kumari Yadav Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Devendra Kumari Yadav Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to file a fresh representation (within two weeks); respondent no.1-Additional Chief Secretary, School Education Department, Haryana, to consider and decide it by passing a speaking order in accordance with law, keeping in view office orders dated 30.01.2024 and 16.12.2024 (Annexures P-12 and P-13), within three months of receiving the representation; failing which the officer concerned to pay costs of ₹50,000 to the petitioner.

Issue for consideration

Whether the respondents should fix/protect the petitioner's pay at ₹58,600 (in place of ₹47,600) on her subsequent appointment as PGT Hindi on 06.02.2019 from the post of JBT Teacher, and pay arrears and other consequential benefits.

Court's answer

Petition disposed of in terms of the statements made (adopted by the Court, 'Ordered accordingly', ¶14): petitioner permitted to file a fresh representation raising the grievance raised in the instant petition, and respondents to decide the same in a specified period keeping in view the similar benefit extended to other employees vide office orders dated 30.01.2024 and 16.12.2024 (Annexures P-12 and P-13).

Ratio / Principle

Any such representation filed by the petitioner within two weeks will be considered and decided by respondent no.1-Additional Chief Secretary, School Education Department, by passing a speaking order in accordance with law.

Key takeaways

The decision is to be made keeping in view the aforementioned office orders dated 30.01.2024 and 16.12.2024, within three months of receiving the representation.ratio¶13
In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹50,000 to the petitioner.ratio¶15

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Tribhuvan Dahiya, J.), CWP-5721-2025, decided 01.03.2025 — Writ petition of Devendra Kumari Yadav seeking a writ of mandamus for fixation/protection of pay at ₹58,600 (from ₹47,600) on her subsequent appointment as PGT Hindi (06.02.2019) from the post of JBT Teacher, with arrears and consequential benefits, disposed of on her counsel's statement. Petitioner to file a fresh representation within two weeks; respondent no.1-Additional Chief Secretary, School Education Department, Haryana, to consider and decide it by passing a speaking order in accordance with law, keeping in view office orders dated 30.01.2024 and 16.12.2024 (Annexures P-12 and P-13) by which similar benefit was extended to other employees, within three months of receiving the representation; in default, the officer concerned to pay costs of ₹50,000 to the petitioner.

106 IN THE H IGH COURT OF PUNJAB A N D HARYANA AT CHANDIGARH

CWP-57 2 1-2025 Date of D ecision : 01.03.2025

Devendra Kum a ri Yadav …Petitioner Versus State of Haryan a and Others ….Respondents

CORAM: HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present: Mr. Laxman Choudhary, Advocate for the petitioner.

TRIBHUVAN DAHIYA, J. (ORAL)

Th e petition has been filed inter a l ia seeking a writ of mandamu s directing the re s pondents to fix/protect the pay as ₹58,600 from ₹47,600 of th e petitioner on h e r subsequent appointment, i.e., 06.02.2019 as PGT Hindi fro m the post of JBT Teacher, and pay the arrears an d other consequential benefits.

Le a rned counsel for the petitione r submits that at this stage, th e petitioner will b e satisfied in case she is permit t ed to file a fresh representatio n raising the grie v ance as has been raised in the i nstant petition, and the petitio n may be dispos e d of by directing the respon d ents to decide the same in a specified perio d keeping in view the fact that si m ilar benefit had been extende d to other empl o yees vide office orders date d 30.01.2024 and 16.12.2024 , Annexures P-1 2 and P-13 respectively.

No t ice of motion.

Ms. Tanushree Gupta, DAG, Har y ana, accepts notice and submit s that in case any such representation is filed by t h e petitioner within a period of

PUSHPINDER SAINI 2025.03.03 17:11 I attest to the accuracy and integrity of this document

CWP-5721-202 5 -2-

two weeks fro m today, the same will be consi d ered and decided by responden t no.1-Additional Chief Secretary, School Educ a tion Department, by passing a speaking order in accordance with law keepi n g in view the aforementione d office orders d ated 30.01.2024 and 16.12. 2 024, within three months o f receiving the re p resentation.

In v iew of the statement made, le a rned counsel for the petitione r has no objectio n to the petition being disposed o f in terms of thereof. 6. Or d ered accordingly.

In case the order is not passed w ithin the stipulated period, th e officer concern e d shall pay costs of ₹50,000 to t he petitioner.

(TRIBHUVAN DAHIYA) March 01, 2025 JUDGE ps Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

PUSHPINDER SAINI 2025.03.03 17:11 I attest to the accuracy and integrity of this document