Punjab-Haryana High Court
Pyar Kaur And Others vs State Of Punjab And Another on 26 April, 2013
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No.8745 of 2013 1
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH.
CWP No.8745 of 2013
Date of Decision: 26.04.2013
Pyar Kaur and others
...Petitioners
Versus
State of Punjab and another
...Respondents
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CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. G.P.Vashisht, Advocate
for the petitioners.
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AUGUSTINE GEORGE MASIH, J (ORAL)
Petitioners have approached this Court with a prayer, for issuance of a direction to the respondents to grant a regular pay scale on the post of Principal for the period they had performed the duties of the said post. Their claim is stated to be covered in their favour by the judgment passed by this Court in CWP No.9023 of 2012 titled as Charan Singh and others Vs. State of Punjab and others, decided on 15.05.2012 (Annexure P-2). It has also been asserted that thereafter, instructions stated 23.04.2012 (Annexure P-
3) have been issued by the respondents-Department granting them the benefit, as has been claimed by the petitioners in the present writ petition.
CWP No.8745 of 2013 2
Asserting this right, petitioners have served a legal notice dated 10.03.2013 (Annexure P-4) upon the respondents, which has, till date, not been responded to or decided.
Counsel for the petitioners states that the petitioners, at this stage, would be satisfied if a direction is issued to respondent No.2 i. e. The Director Public Instructions (Secondary Education), Punjab, to consider and decide the legal notice 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 merits of the case or commenting thereon, the present writ petition is disposed of with a direction to the Director Public Instructions (Secondary Education), Punjab-respondent No.2, to consider and decide the legal notice dated 10.03.2013 (Annexure P-4) within a period of five 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. Arrears shall be restricted to 38 months from the date of service of the legal notice. 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.
(AUGUSTINE GEORGE MASIH) JUDGE April 26, 2013 pj