Punjab-Haryana High Court
Ram Dial Singh And Others vs State Of Punjab And Another on 14 May, 2024
Neutral Citation No:=2024:PHHC:067027
CWP-24577-2022, CWP-30167-2022, -1-
CWP-24835-2022, CWP-26943-2022,
CWP-1361-2023, CWP-25015-2023
and CWP-11165-2024
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP-24835-2022
Date of decision: 14.05.2024
RAM DIAL SINGH AND OTHERS ....PETITIONERS
Vs.
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CWP-24577-2022
SURINDER SINGH AND OTHERS ....PETITIONERS
Vs.
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CWP-30167-2022
GURBAX SINGH AND ORS ....PETITIONERS
Vs.
STATE OF PUNJAB AND ANR ...RESPONDENTS
CWP-26943-2022
JASBIR SINGH AND OTHERS ....PETITIONERS
Vs.
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CWP-1361-2023
JAGTAR SINGH ....PETITIONER
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CWP-25015-2023
SUKHDEV SINGH ....PETITIONER
V/S
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
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Neutral Citation No:=2024:PHHC:067027
CWP-24577-2022, CWP-30167-2022, -2-
CWP-24835-2022, CWP-26943-2022,
CWP-1361-2023, CWP-25015-2023
and CWP-11165-2024
CWP-11165-2024
NISHAN SINGH AND OTHERS ....PETITIONERS
V/S
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Jagdish Manchanda, Advocate
for the petitioner(s) in CWP-24835-2022, CWP-25015-2023.
Mr. Ravi Sharma, Advocate
for the petitioner (s) in CWP-24577-2022, CWP-26943-2022 &
CWP-1361-2023.
Mr. Ravi Gakhar, Advocate
for the petitioner(s) in CWP-11165-2024.
Mr. Aman Dhir, DAG, Punjab.
****
JAGMOHAN BANSAL, J (ORAL)
1. By this common order CWP-24577-2022, CWP-30167-2022, CWP-24835-2022, CWP-26943-2022, CWP-1361-2023, CWP-25015-2023 and CWP-11165-2024 are being disposed of since issues involved in all the petitions and prayers sought therein are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP- CWP-24835-2022.
2. The petitioners through the instant petition under Articles 226/227 of the Constitution of India are seeking direction to respondents to grant consequential benefits in view of order dated 04.08.2022 (Annexure P-9) passed by this Court in CWP-9338-2011.
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3. Short reply by way of affidavit of Gaurav Yadav, IPS, Director General of Police, Punjab, Chandigarh is taken on record. Registry is directed to tag the same at an appropriate place.
4. On 04.10.2023, the following order was passed:
"Learned State counsel has informed that the case of the petitioners is being processed in the same manner as had been processed in the case of Bhag Singh Vs. State of Punjab and others, CWP-9338-2011, decided on 4.8.2022 and that the needful shall be done within a period of 3 months.
In view of the aforesaid submission, the matter is adjourned to 15.2.2024.
The State is directed to ensure that the needful is done positively before the next date and in case any amount is due to be paid, the payment in respect of the same be made before the next date of hearing.
A photocopy of this order be placed on the connected cases."
5. Mr. Aman Dhir, DAG, Punjab pointing out para 14 of the reply, submits that State has decided to notionally revise pay of petitioners, however, they have not been granted arrears. It is not sole case of the petitioners. The State has not granted arrear to anyone who has been promoted to the post of DSP on deemed basis.
6. Para 14 of the reply and para 3 of Annexure R-2/1 are reproduced as below:-
Reply "14. That it is respectfully submitted that as per the deemed date promotions order dated 21.12.2023 issued by the State Government, the pay of the petitioners, who have been given notional deemed 3 of 5 ::: Downloaded on - 15-05-2024 07:19:28 ::: Neutral Citation No:=2024:PHHC:067027 CWP-24577-2022, CWP-30167-2022, -4-
CWP-24835-2022, CWP-26943-2022, CWP-1361-2023, CWP-25015-2023 and CWP-11165-2024 date of promotion as DSP, has been notionally fixed vide orders No. 2594-2600/P.F-2 dated 10.04.2024, 2573-79/P.F-2 dated 10.04.2024, 2558-63/P.F-2 dated 10.04.2024, 2587-93/P.F-2 dated 10.04.2024, 2608-14/P.F-2 dated 10.04.2024, 2601-07/P.F-2 dated 10.04.2024, 2566-72/P.F-2 dated 10.04.2024, 2580-86/P.F-2 dated 10.04.2024, 22551-57/P.F-2 dated 10.04.2024, 2544-50/P.F-2 dated 10.04.2024 and 2537-43/P.F-2 dated 10.04.2024, 2530-36/P.F-2 dated 10.04.2024 by the office of respondent No. 2. Copies of the orders are annexed herewith as Annexure R-2/1 to R-2/12. Annexure R-2/1 "3. As per the orders of Hon'ble High Court and State Govt. order dated 21.12.2023 the pay of Ram Dial Singh No.1031/PR, 1161/PR is hereby fixed on Notional Basis in the rank of DSP as under:-
Date Pay Scale as Inspector Pay scale as DSP 10300-34800 Grade 15600-39100 Grade Pay 4200 Pay 5400 01-08-07 Annual 17400+4200=21600 -- Increment 31.10.07 Deemed -- 18050+5400=23450 date DSP 01-10-08 Annual -- 18760+5400=24160 Increment 01-10-09 Annual -- 19490+5400=24890 Increment
7. Concededly, the petitioners never worked as DSP during their service. They after retirement have been granted rank of DSP from back date.
Meaning thereby, they have been granted promotion on deemed basis. The respondent has revised their pay on notional basis and accordingly, pension has 4 of 5 ::: Downloaded on - 15-05-2024 07:19:28 ::: Neutral Citation No:=2024:PHHC:067027 CWP-24577-2022, CWP-30167-2022, -5- CWP-24835-2022, CWP-26943-2022, CWP-1361-2023, CWP-25015-2023 and CWP-11165-2024 been re-fixed. As they have never performed duty as DSP, this Court does not find it appropriate to direct the State to pay them salary as DSP. There is no patent or manifest error in the decision of the State to notionally calculate their pay and accordingly revise pension.
8. It is made clear that respondent shall supply copy of calculation of deemed salary to all the petitioners within two weeks from today.
9. Disposed of in above terms.
14.05.2024 [JAGMOHAN BANSAL]
manoj JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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