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Punjab-Haryana High Court

Date Of Decision : May 2 vs State Of Haryana And Others on 21 May, 2014

Author: Augustine George Masih

Bench: Augustine George Masih

            CWP No. 9859 of 2014                                                     1

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
            116.
                                                 CWP No. 9859 of 2014

                                                 Date of Decision : May 21, 2014


            Balwant Singh and others
                                                                   ....   PETITIONERS
                                           Vs.


            State of Haryana and others
                                                                   ..... RESPONDENTS



            CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH



            Present :          Mr. Umesh Narang, Advocate,
                               for the petitioners.


            AUGUSTINE GEORGE MASIH, J. (ORAL)

Petitioners have approached this Court praying for grant of benefit of pay scale of ` 7500-12000 instead of ` 6500-10500 as Headmaster w.e.f. 01.01.1996 instead of 01.08.2000.

The claim of the petitioners is stated to be covered in their favour by the judgment passed by this Court in CWP No. 8082 of 2001 titled as R.K.Verma and others vs. State of Haryana and another, decided on 01.12.2010 (Annexure P-2). Letters Patent Appeal preferred by the State of Haryana i.e. LPA No. 951 of 2012 titled as State of Haryana and another vs. R.K.Verma and others, stands dismissed vide order dated 31.10.2012 (Annexure P-3). Prerna datta 2014.05.22 13:40 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No. 9859 of 2014 2 Respondents have complied with the said judgment and the order passed in the contempt petition i.e. COCP No. 3663 of 2012 titled as Amar Singh Sharma and others vs. Smt. Surina Rajan and another, dated 12.04.2013 (Annexure P-4) indicates the same.

Counsel for the petitioners states that the petitioners have served a legal notice dated 08.01.2014 (Annexure P-5) upon the Commissioner and Director General, School Education, Haryana- respondent No. 2 but till date, no decision thereon has been taken nor any benefit conferred upon the petitioners.

Counsel for the petitioners states that the petitioners, at this stage, would be satisfied if a direction is issued to the Commissioner and Director General, School Education, Haryana- respondent No. 2 to consider and decide the legal notice dated 08.01.2014 (Annexure P-5) served by the petitioners within some specified time.

In the light of the submissions made by the counsel for the petitioners and without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Commissioner and Director General, School Education, Haryana-respondent No. 2 to consider and decide the legal notice dated 08.01.2014 (Annexure P-5) served by the petitioners within a period of four 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 Prerna datta with law, within a period of one month. In case the claim of the 2014.05.22 13:40 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No. 9859 of 2014 3 petitioners is not to be accepted, a well-reasoned and speaking order be passed and conveyed to them forthwith.





                                              (AUGUSTINE GEORGE MASIH )
            May 21, 2014                               JUDGE
            pj




Prerna datta
2014.05.22 13:40
I attest to the accuracy and
integrity of this document
High Court, Chandigarh