Punjab-Haryana High Court
Nafe Chand & Others vs The State Of Haryana & Others on 10 March, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
Civil Writ Petition No.4429 of 2014 {1}
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: March 10, 2014
Nafe Chand & others
...Petitioners
Versus
The State of Haryana & others
...Respondents
CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr.Ravi Verma, 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 them the revised pay scale of `7500-12000 w.e.f. 01.01.1996 instead of 01.08.2000 in the light of the judgment passed by this Court in Civil Writ Petition No.8082 of 2001 (R.K.Verma and others Versus State of Haryana and others), decided on 01.12.2010 (Annexure P-3).
Letters Patent Appeal preferred by the State against the same judgment, i.e., LPA No.951 of 2012 (State of Haryana and another Versus R.K.Verma and others), stands dismissed vide order dated 31.10.2012 (Annexure P-4) and the Special Leave Petition preferred by the State has also been dismissed vide order dated 01.11.2013 (Annexure P-5). The judgment has also been accepted by the respondents and has been implemented vide instructions dated 09.04.2013 (Annexure P-6), but the said benefit, till date, has not been released to the petitioners. Kumar Ramesh 2014.03.11 09:53 I attest to the accuracy and integrity of this document High Court Chandigarh
Civil Writ Petition No.4429 of 2014 {2} Claiming the said benefit, petitioners have served a legal notice dated 25.11.2013 (Annexure P-8) upon the respondents which, till date, has not been decided nor any benefit granted to the petitioners.
Counsel contends that the petitioners, at this stage, would be satisfied if a direction is issued to the Financial Commissioner & Principal Secretary to Government of Haryana, Education Department-respondent No.1 to consider and decide the legal notice dated 25.11.2013 (Annexure P-
8) 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 Financial Commissioner & Principal Secretary to Government of Haryana, Education Department-respondent No.1 to consider and decide the legal notice dated 25.11.2013 (Annexure P-8) 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 one month.
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 10, 2014 ( AUGUSTINE GEORGE MASIH )
ramesh JUDGE
Kumar Ramesh
2014.03.11 09:53
I attest to the accuracy and
integrity of this document
High Court Chandigarh