High Court Directs Stopping Punjab Top Officials' Salaries Till Compliance Of HC's 2018 Directions To Grant Benefits To Govt Teachers

The Punjab & Haryana High Court has directed to stop the payment of salary to the Principal Secretary to the Government of Punjab, Department of Education, as well as the payment of salary to the Principal Secretary to the Government of Punjab, Department of Finance until compliance with its 2018 order pertaining to granting benefits to government teachers.A bench of Justice Rajbir Sehrawat said, "This Court cannot countenance this kind of slackness on the part of the respondents; and the time of Court cannot be wasted for such unjustified reasons. Therefore, the coercive directions have become imperative in the case."While hearing the contempt petition, the Court noted that the directions issued in the 2018 order were challenged in the Letter Patents Appeal and later in the Supreme Court, however, it was dismissed.Despite that, the order passed by the Court has not been complied with. Furthermore, in August, 2023 the submission was made by the counsel for the respondents that they were already in the process of complying with the order. However, again, on the day of the present hearing the submission made by learned counsel for the respondents is the same that they are in the process of complying with the order, added the Court.While deferring the matter to February 21, it directed, "that the payment of salary to the Principal Secretary to the Government of Punjab, Department of Education, Punjab, as well as, payment of salary to the Principal Secretary to Government of Punjab, Department of Finance, Punjab shall remain stopped till the compliance of the order."BackgroundIn 2012, a batch of petitions was filed by the teachers seeking directions to the State for grant of benefit of previous service rendered by them in the Government Aided Schools towards fixation of their pay on their joining in the Government schools in terms of provisions of Rule 4.4 of Punjab Civil Service Rules (PCS Rules) and as per Government Instructions.After examining the records and PCS Rules the Court opined that as per Section 7 of the Punjab Privatively Managed Recognized School (Security of Service) Act, 1979, while working in the aided schools they were entitled to the scale of pay and dearness allowances equivalent to the employees of the state Government holding corresponding posts.The Court granted the relief sought and directed the State to fix their pay in terms of rule 4.4 of the PCS Rules along with the necessary consequential benefits as well.Appearance: Alka Chatrath, Advocate, for the petitioners in COCP-136, 139 & 146-2023.R.K. Arora, Advocate, for the petitioners in COCP-411-2023.Suraj Kaundal, Advocate for R.S. Dadwal, Advocate, for the petitioners in COCP-743-2023.Alankar Narula, AAG, Punjab with Ms. Jaswinder Kaur, Assistant Director O/o DSFC, Punjab.Title: Anil Kumar & Ane v. Jaspreet Talwar, IAS & OrsClick here to read/download the order

High Court Directs Stopping Punjab Top Officials' Salaries Till Compliance Of HC's 2018 Directions To Grant Benefits To Govt Teachers

Aiman J. Chishti

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