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2025 PHHC 69406
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Citation Codes
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2025 PHHC 69406
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Smart Summary

Factual and Procedural Background

The petitioners filed the present writ petition seeking a direction to the respondents to grant them pay scale benefits in accordance with statutory rules. The petitioners relied on a prior judgment of this Court in Saurabh Sharma and others vs. State of Punjab and another (CWP-15896-2023), which was allowed on 13.09.2024 and against which a subsequent appeal (LPA-2977-2024) was dismissed on 10.12.2024. The petitioners had submitted a representation dated 07.02.2025 (Annexure P-8) to the respondents, which had not yet been responded to at the time of this order.

Legal Issues Presented

  1. Whether the respondents are obligated to grant the pay scale benefits to the petitioners as per the statutory rules and the precedent judgment of this Court in Saurabh Sharma and others vs. State of Punjab and another.
  2. Whether the representation dated 07.02.2025 submitted by the petitioners should be decided within a specified time frame by the respondents.

Arguments of the Parties

Petitioners' Arguments

  • The petitioners relied on the judgment in Saurabh Sharma and others vs. State of Punjab and another to claim entitlement to the pay scale as per statutory rules.
  • They submitted a representation dated 07.02.2025 seeking grant of the said benefits, which remained unaddressed.
  • They prayed for a direction to the respondents to decide the representation in a time-bound manner.

Respondents' Arguments

  • The learned State counsel did not object to the prayer for a direction to decide the representation within a reasonable time frame.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Saurabh Sharma and others vs. State of Punjab and another (CWP-15896-2023) Entitlement to pay scale benefits as per statutory rules. The Court relied on this judgment as binding precedent to direct the respondents to consider the petitioners' representation and grant benefits if entitled.

Court's Reasoning and Analysis

The Court noted the petitioners' reliance on the earlier judgment in Saurabh Sharma and others vs. State of Punjab and another and the dismissal of the related appeal, establishing the legal foundation for the claim. Without commenting on the merits of the petition, the Court emphasized the procedural necessity for the respondents to consider the pending representation dated 07.02.2025. The Court directed the respondents to decide the representation within six months, ensuring that the decision would be just, fair, and reasonable. The Court also mandated that if the decision were adverse, it must be reasoned, allowing the petitioners to seek further legal remedies. This approach underscores the principles of timely administrative action and reasoned decision-making in public law matters.

Holding and Implications

The petition is disposed of with a direction to the respondents to decide the representation dated 07.02.2025 within six months.

The direct consequence of this decision is that the respondents must address the petitioners' claim for pay scale benefits in light of the binding precedent, ensuring procedural fairness and reasoned outcomes. No broader legal principle or precedent was established beyond enforcing the obligation to consider the representation within a reasonable time. The petitioners retain the right to legal recourse if the decision is adverse.

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    INDER SAIN AND OTHERS v. STATE OF PUNJAB AND OTHERS

    IN THE HIGH COURT OF PUNJAB & HARYANA

    AT CHANDIGARH

    126

    CWP-14907-2025

    Date of decision: 22.05.2025

    Inder Sain and others ...Petitioners

    Versus

    State of Punjab and others ...Respondents

    CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

    *****

    Present : Mr. P.S. Mirpur, Advocate for the petitioners.

    Ms. Anu Chatrath, Sr. Addl. A.G., Punjab.

    *****

    AMAN CHAUDHARY, J. (Oral)

    1. Prayer made in the present petition is for directing the respondents to

    grant the pay scale as per the statutory rules with regard to which reliance is

    placed on the judgment of this Court in Saurabh Sharma and others vs. State

    of Punjab and another, CWP-15896-2023, which was allowed on 13.09.2024

    against which LPA-2977-2024 has also been dismissed on 10.12.2024.

    Regarding the claim raised in the present petition, a representation dated

    07.02.2025, Annexure P-8, has been submitted, which has yet not evoked any

    response. He, on instructions, prays that a direction may be given to the

    respondents to decide the same keeping in view the aforesaid judgment, in a time

    bound manner, to which learned State counsel has no objection.

    2. In view of the above and without commenting upon the merits of the

    case, this petition is hereby disposed of with a direction to the respondents to

    decide the representation dated 07.02.2025, Annexure P-8, taking note of the

    aforesaid judgment, within a period of 6 months, which this Court has no reason

    to believe the authorities would not address in a just, fair and reasonable manner.

    Upon doing so, after notice and hearing offered to them and if found entitled,

    grant the benefit forthwith. Needless to say, if the orders are adverse to their

    interest, the same shall contain reasons and the petitioners shall be free to seek

    legal redress thereupon.

    (AMAN CHAUDHARY)

    JUDGE

    22.05.2025

    Hemant

    Whether speaking/reasoned : Yes / No

    Whether reportable : Yes / No

    Neutral Citation No:=2025:PHHC:069406

    1 of 1 ::: Downloaded on - 24-05-2025 01:55:21 :::

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    INDER SAIN AND OTHERS v. STATE OF PUNJAB AND OTHERS
    (May 22, 2025)