01.2025 Date Munish Kumar an ar & Ors. v. State of Punjab an & Ors.

CORAM: HON HON'BLE MR. JUSTICE AMAN C ***** ***** Mr. Vinay Gaur, Advocate for Ms. K Ms. Kriteka Sheokand, Advocate for the petitioners. for th Present : Mr. AN CHAUDHARY Mr. Satnam Preet Singh, DAG, Punja Mr. S , Punjab. ***** ***** AMAN CHAUDH AUDHARY, J. (ORAL)

#1. Prayer made in the present petition fo Praye ts to ition for directing the respondents to release the arrear arrears of pay anomaly w.e.f. it aro it arose i.e. 01.11.2011 as per the Punjab Governme vernment Letter dated 13.10.2014 ( 014 (Annexure P4), whereby the anomaly stood rem removed w.e.f. 06.10.2014 as is ap s is apparent from the affidavit filed by the District Ed ict Education Officer (Elementary Ed lf of ry Education), Patiala, on behalf of respondent Nos.1, Nos.1, 2, 4 and 7, relevant extract of w of which reads thus:- “2. That in this regard it is s were appointed as Elementa Department of Rural Developm Department of Local Bodies, 2006. It is further submitted earlier under the administrativ Rural Development and Panch Local Bodies, Punjab merged Education during the year of of the petitioners were also m it is submitted that the petitioners mentary Trained Teacher by the velopment and Panchayat as well as ll as odies, Punjab during the year of r of itted that the teachers, who were istrative control of Department of t of Panchayat as well as Department of t of erged in the Department of School ar of 2014. Therefore, the services t of also merged in the Department of ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-22038-2016 2016 (O&M) 2 the year of 2014 along with other School Education during the y similar situated teachers. 3. That the claim raised by petition perused. The pay an teachers who were appointed 2007 respectively. As per rec appointed during the year of 2 as compare to the teachers wh year of 2006. This anomaly ha implementation of recommend senior employees who were a 2006 have been granted the Progression Scheme during th recommendation of pay comm who were appointed during t granted to the benefits of A Scheme during the year of 20 of pay commission. 4. That the office of responde pay anomaly of the petitioners (Annexure P7). The petitione merged the Punjab E notification dated 19.09.2014. annexed herewith as Annexur claiming arrear w.e.f. 01.11 worthwhile to mention here petitioners remained under th respondent Nos.3, 5 and 6. pertaining to this period wa respondent Nos.3, 5 and 6. petitioners w.e.f. 01.11.201 calculated as well as paid to Nos.3, 5 and 6. Hence, the gri be redressed by the respondent Moreover, the services of the p Education Department on 06.1 petitioners are not demanding It is further submitted that no 06.10.2014 is pending. xx ed by the petitioners vide present pay anomaly created amongst the inted during the year of 2006 and per record, the teachers who were ar of 2007 are drawing more salary ers who were appointed during the aly has been created on account of t of The mendation of pay commission. The were appointed during the year of r of d the benefits of Assured Carrier ring the year of 2010, prior to the commission. However, the teachers ring the year of 2007 have been s of Assured Carrier Progression of 2011, after the recommendation pondent No.6 has already removed 014 tioners vide order dated 29.12.2014 titioners along with other teachers ab Education Department vide n is .2014. A copy of this notification is nnexure R1. The petitioner is now 01.11.2002 to 06.10.2014. It is t is here that during this period, the der the Administrative control of l of nd 6. The entire service record l of d was also under the control of d 6. Therefore, the arrear of the to 06.10.2014 can be 1.2011 id to the petitioners by respondent the grievances of the petitioners can ondents No.3, 5 and 6 in better way. ay. f the petitioners were merged in the n 06.10.2014 (Annexure R1). The The nding any arrear w.e.f. 06.10.2014. 014. .e.f. at no arrear of the petitioners w.e.f. xx.”

#2. The Block Development and Panch The B iala, Panchayat Office, Samana, Patiala, filed an affidavit d davit dated 22.03.2017, relevant extrac extract whereof reads thus:- “Thus all the posts of Teacher the Department of Rural D Punjab stood transferred to t in eachers which were lying vacant in ral Development and Panchayats ent, ed to the Education Department, ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-22038-2016 2016 (O&M) 3 Punjab. The petitioners are Education Department espec shifted from Zila Parishad to their demand and therefore the seniority list of ETT Teacher Education.” s are treated as fresh entrant by especially when they have been ad to Education Department as per ore the responsibility of preparation t of eacher lies with the Department of

#3. As is apparent from the above, since As is , since both the above departments are passing on the on the buck to each other, this Court Court deems it appropriate that the Chief Secretary of tary of the State gets the matter looked in a looked into for resolving it within a period of 4 month months.

14.01.2025 (AMAN CHAUDHARY) JUDGE Whether speaking Whether reportable : : Yes/No Yes/No ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document