Punjab-Haryana High Court
Rita Rani & Others vs The State Of Haryana & Others on 4 March, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
Civil Writ Petition No.4051 of 2014 {1}
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: March 04, 2014
Rita Rani & others
...Petitioners
Versus
The State of Haryana & others
...Respondents
CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr.B.K.Bagri, Advocate,
for the petitioners.
*****
AUGUSTINE GEORGE MASIH, J.(ORAL)
Petitioners have approached this Court praying for issuance of a writ of mandamus directing the respondents to grant one increment to them on their promotion from the post of JBT Teacher to Head Teacher as per Rule 4.4 of the Punjab Civil Service Rules, Volume I, Part I from the date of their promotion along with consequential benefits.
It is stated that the claim of the petitioners is covered in their favour by the judgment passed by this Court in R.S.A.No.4870 of 2002 (Haryana State & others Versus Arjun Dev & others), decided on 29.04.2003. Special Leave Petition against the said judgment has already been dismissed.
Counsel contends that the claim of the petitioners is further supported by the judgment passed by this Court in Veena Kumari and others Versus State of Haryana and others, 2000(4) RSJ 341.
Putting forth their claim, petitioners have served a legal notice Kumar Ramesh 2014.03.04 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.4051 of 2014 {2} dated 25.09.2013 (Annexure P-1) upon the respondents, which has, till date, not been decided nor any benefit conferred on them.
Counsel contends that the petitioners, at this stage, would be satisfied if a direction is issued to the Director, Elementary Education, Haryana-respondent to consider and decide the legal notice dated 25.09.2013 (Annexure P-1) served by the petitioners, within some specified time.
In view of the statement made by the counsel for the petitioners and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to the Director, Elementary Education, Haryana-respondent to consider and decide the legal notice dated 25.09.2013 (Annexure P-1) within a period of three months from the date of receipt of certified copy of this order.
In case the claim of the petitioners is accepted, the consequential benefits, if any, be released to them, in accordance with law, within a further period of two months.
In case the claim of the petitioners is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioners forthwith.
March 04, 2014 ( AUGUSTINE GEORGE MASIH )
ramesh JUDGE
Kumar Ramesh
2014.03.04 16:27
I attest to the accuracy and
integrity of this document
High Court Chandigarh