Punjab-Haryana High Court
Krishan Singh And Others vs State Of Haryana And Others on 6 February, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
CIVIL WRIT PETITION NO.2278 OF 2014 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
DATE OF DECISION: FEBRUARY 06, 2014
Krishan Singh and others
.....Petitioners
VERSUS
State of Haryana and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Vikas Chatrath, 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 benefit of stepping up of their pay at par with their juniors in accordance with letters dated 27.11.2006, 5.3.2009 and 23.11.2009 (Annexures P-3, P-6 and P-13 respectively). Reliance has also been placed upon the judgements passed by this Court in Civil Writ Petition No.5956 of 2008 (Charan Dass Vs. State of Haryana), decided on 18.11.2008 and Civil Writ Petition No.21607 of 2010 (Madan Lal Jindal Vs. State of Haryana and others), decided on 24.9.2012. The petitioners have also prayed for consequential benefits.
Counsel contends that the petitioners have served a legal Khurmi Rakesh 2014.02.07 10:33 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION NO.2278 OF 2014 :{ 2 }:
notice, dated 16.10.2013, Annexure P-17, claiming the benefits as claimed in the present writ petition, which has till date not been responded to. He submits that the petitioners, at this stage, would be satisfied if a direction is issued to the Commissioner and Director General, School Education, Haryana, Panchkula and Director, Elementary Education, Haryana, Panchkula, respondent Nos.2 and 3 respectively, to consider and decide the legal notice dated 16.10.2013, Annexure P-17, filed 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 Commissioner and Director General, School Education, Haryana, Panchkula and Director, Elementary Education, Haryana, Panchkula, respondent Nos.2 and 3 respectively, to consider and decide the legal notice dated 16.10.2013, Annexure P-17, 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, however, be restricted to 38 months prior to the date of service of legal notice.
In case the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioner forthwith.
February 06, 2014 ( AUGUSTINE GEORGE MASIH )
khurmi JUDGE
Khurmi Rakesh
2014.02.07 10:33
I attest to the accuracy and
integrity of this document