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INDER SAIN AND OTHERS v. STATE OF PUNJAB AND OTHERS
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
- 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.
- 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.
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
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