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INDER SAIN AND OTHERS v. STATE OF PUNJAB AND OTHERS

Punjab & Haryana High Court
May 22, 2025
Smart Summary (Beta)

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.

Show all summary ...

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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