IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2811-2026 (O&M)

Date of decision: 02.02.2026 Baldev Singh ....Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Nitesh Singla, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab.

Ms. Gurneet Sagoo, Advocate for respondent No.5.

HARPREET SINGH BRAR J. (Oral)

1. The instant writ petition has been filed under Articles

226/227 of the Constitution of India, seeking the following reliefs:-

i) summon the entire records of the case for its kind perusal;

ii) Issue an appropriate writ, order or direction, especially in the nature of mandamus, directing the respondents to implement the speaking order dated 01.07.2025 (Annexure P-2) passed by Respondent No.5 in compliance of order dated 30.04.2025 (Annexure P-1) passed in CWP No.11981 of 2025, whereby the petitioner was granted the pay scale of Rs. 5000-8100 w.e.f. 01.01.1996, but the same has not been implemented till date and the pay and pension of the petitioner have not been refixed.

iii) Issue an appropriate writ, order or direction imposing exemplary cost upon the respondents and/or the concerned officials for deliberate, arbitrary and willful non-

implementation of the speaking order and repeated judgments of this Court, for subjecting the petitioner, a retired and senior citizen, to continuous harassment, mental agony and financial hardship;

iv) Issue an appropriate writ, order or direction directing the respondents to grant the petitioner the pay scale of Rs. 5000-8100 w.e.f. 01.01.1996 instead of Rs. 4400-7000, in view of the speaking order dated 01.07.2025 (Annexure P- 2) and judgments dated 01.12.2025 and 14.01.2026 (Annexures P-12 & P-13) and other judgments of this Hon'ble Court, along with all consequential benefits including arrears of pay and pension, re-fixation of pay and pension with interest @ 12% per annum.

v) Issue any other appropriate writ, order or direction, which this Hon'ble Court deems fit in the facts and circumstances of the present case.

vi) exempt the petitioner from filing the certified copies of Annexures along with the present Civil Writ Petition and also allow the petitioner to place on record Photostat/dim/downloaded copies of few of the Annexures; vii) award the costs of the present Writ Petition in favor of the petitioner and against the respondents.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner, who is a retired Junior Assistant, was erroneously placed in the lower pay scale of Rs.4400-7000 with effect from 01.01.1996 instead of the admissible higher pay scale of Rs.5000-8100, compelling him to approach this Court by way of CWP-11981-2025, which was disposed of on 30.04.2025 with a direction to the respondents to decide his legal notice (Annexure P-1). The cut off date fixed by the respondents was struck down by this Court in CWP-22422-2010, titled as Anil Kumar and others vs State of Punjab and others, and the judgment was upheld by the Division Bench of this Court on 05.02.2014 in LPA-1729-2012, titled as State of Punjab and others vs Anil Kumar and others, and the Hon’ble Supreme Court on 07.01.2015, in Special Leave to Appeal (C) No.21590 of 2014. He further submits that respondent No.5 passed a detailed speaking order dated 01.07.2025 (Annexure P-2) conceding the claim of the petitioner and granting him the pay scale of Rs.5000-8100 with effect from 01.01.1996 along with arrears for 38 months. However, despite the said order having attained finality, the petitioner filed representations dated 12.05.2025 and 06.08.2025 (Annexures P-3 and P-4, respectively), before the respondents, which remain unheeded. He further submits that the Department of Finance, Punjab itself has issued Instructions dated 29.08.2024 (Annexure P-9) directing grant of the very same pay scale to the eligible Junior Assistants and similarly situated employees have already been extended the benefit in compliance thereo