Punjab-Haryana High Court
Date Of Decision : 13.3.2014 vs The State Of Punjab And Others on 13 March, 2014
Author: Rajesh Bindal
Bench: Rajesh Bindal
Singh Varinder
2014.03.21 13:30
IN THE HIGH COURT OF PUNJAB AND HARYANA I attest to the accuracy and integrity
of this document
Punjab & Haryana High Court at
AT CHANDIGARH Chandigarh
CWP No. 2914 of 1992 (O&M)
Date of decision : 13.3.2014
Amin Chand and another .. Petitioners
versus
The State of Punjab and others .. Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Navkiran Singh, Advocate, for the petitioners in
CWP Nos. 14257 of 1992 and 14419 of 1993.
Mr. Pankaj Mulwani, Deputy Advocate General, Punjab.
Rajesh Bindal, J.
This order will dispose of three writ petitions bearing CWP Nos. 2914, 14257 of 1992 and 14419 of 1993.
The claim of the petitioners is that as they were given promotion as Head Masters, though substantively in the cadre of Lecturers but have worked on the post for 5-6 years till their retirement, they are entitled to the pay and allowances admissible to the Head Masters. Initially the petitioners were granted the pay and allowances for the post of Head Masters, however, later on the same were withdrawn and their pay was fixed in the cadre of Masters.
Learned counsel for the petitioners submitted that as the petitioners discharged the duties as Head Masters for a period of 5-6 years before their retirement, they are entitled to pay and allowances for the same and further their retiral dues are required to be re-fixed on the basis of last pay drawn. In support of their claim, reliance was placed upon judgment of this court in CWP No. 8165 of 1994 Sat Pal Sharma vs State of Punjab and others decided on 28.2.2003.
On the other hand, learned counsel for the State could not dispute that this Court in Sat Pal Sharma's case (supra), had opined that once a Lecturer is promoted to the post of Head Master and continuously worked on that post, he is entitled to the emoluments for the post of Head Master.
Singh Varinder 2014.03.21 13:30 I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh CWP No. 2914 of 1992 -2- Heard learned counsel for the parties and perused the paper book.
Besides the judgment of this court in Sat Pal Sharma's case (supra), which covers the case of the petitioners, there are subsequent judgments of Hon'ble the Supreme Court and this Court on the subject taking the same view. Reference can be made to judgment of Hon'ble the Supreme Court in Arindam Chattopadhyay and others vs State of West Bengal and others 2013 (3) RSJ 230 and of this Court in CWP No. 6387 of 2011 - Prithvi Pal vs State of Punjab and others decided on 5.3.2014.
For the detailed reasons recorded in the aforesaid judgments, the writ petitions are allowed. The petitioners are held entitled to pay and allowances which are admissible to the post of Head Master for the period they worked on the said post. The retiral dues of the petitioners be calculated and paid accordingly.
13.3.2014 ( Rajesh Bindal ) vs Judge