HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari, quashing the appointment order dtd. 21/3/2025 (Annexure P-8) vide which the petitioner has been appointed on the post of Jail Warder to the limited extent that despite the petitioner having been appointed in pursuance to an advertisement dtd. 12/10/2011 (Annexure P-1), the scale of pay has been fixed as per the Central Pay Pattern instead of the Punjab Pay Commission recommendation in terms of the letter/notification dtd. 17/7/2020 (Annexure P-7). Further, seeking a writ of mandamus, directing the respondents to fix the pay of the petitioner in terms of the recommendation of the Punjab Pay Commission and to further fix the pay of the petitioner in the revised pay scale as per the recommendation of the 6th Punjab Pay Commission duly adopted by the respondents and to grant all consequential benefits including arrears of salary along with interest.

(2.) Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the decision of this Court in CWP No.15896 of 2023 titled as 'Saurabh Sharma and others Vs. State of Punjab and another' decided on 13/9/2024 which has been upheld by a Division Bench of this Court in LPA No.2977 of 2024 titled as 'State of Punjab and another Vs. Dr. Saurabh Sharma and others' decided on 10/12/2024 and further upheld by Hon'ble Supreme Court in Special Leave to Appeal (C) No.1158 of 2015 titled as 'The State of Punjab and another Vs. Saurabh Sharma and others' decided on 20/1/2025 and even Review Petition No.400 of 2025 in Special Leave to Appeal (C) No.1158 of 2025 titled as 'The State of Punjab and another Vs. Saurabh Sharma and others' was also dismissed by the Hon'ble Supreme Court vide order dtd. 20/3/2025. The said judgment has been followed by this Court in CWP No.32111 of 2025 titled as 'Rajan V. State of Punjab and others' decided on 31/10/2025 and CWP No.8012 of 2024 titled as 'Baljit Singh and others Vs. State of Punjab and others' decided on 15/12/2025. He further submits that for the grievances, as raised in the present petition, the petitioner shall serve a justice demand notice upon the respondents within a period of three weeks from today and the same may be considered and disposed of by the competent authority in a time bound manner.

(3.) If any such justice demand notice is served upon by the petitioner within a period of three weeks from today, the same shall be considered and disposed of by the competent authority within a period of three months thereafter in the light of the judgment passed in Saurabh Sharma's case (supra) and the service rules applicable at the time of issuance of advertisement in pursuance to which the petitioner has been appointed.