Punjab-Haryana High Court
Des Raj And Others vs Pspcl And Others on 17 February, 2017
Author: Jaishree Thakur
Bench: Jaishree Thakur
CWP-3103-2017 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No.3103 of 2017 (O&M)
Date of Decision: February 17, 2017
Des Raj and others
...Petitioners
Versus
P.S.P.C.L. And others
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Ms. Sonia G. Singh, Advocate
for the petitioners.
********
JAISHREE THAKUR, J. (Oral)
The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to grant 23 years' promotional increment benefit in view of Circular no.17/90 dated23.04.1990 and Circular no.392 dated 28.07.2000.
Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by decision of this Court rendered in CWP No.16737 of 2011 titled as Om Parkash Dua vs Punjab State Electricity Board and others decided on 14.12.2015. She further submits that the petitioners served a legal notice dated 05.12.2016 (Annexure P-5)upon the respondents but the same has not been considered in spite of the fact that the case of the petitioners is squarely covered by Om Parkash Dua's case 1 of 2 ::: Downloaded on - 11-07-2017 04:28:00 ::: CWP-3103-2017 -2- (supra). She further submits that the petitioners would be satisfied, in case, the directions are issued by this Court to consider the legal notice dated 05.12.2016 served upon the respondents.
Keeping in view the limited prayer of learned counsel for the petitioners and without issuing notice to the other party, the present petition is disposed of with a direction to the respondents to consider the case of the petitioners in view of Om Parkash Dua's case (supra) and pass necessary order in accordance with law within a period of three months from the date of receipt of certified copy of this order.
In case, the petitioners are found to be entitled for the relief sought for in the legal notice and their case is covered by Om Parkash Dua's case (supra), the same be granted within a period of two months thereafter and in case, the petitioners are still aggrieved in any manner, they are at liberty to avail the appropriate remedy.
The petition is disposed of accordingly.
(JAISHREE THAKUR)
February 17, 2017 JUDGE
vijay saini
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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