Punjab-Haryana High Court
Balbir Singh Chauhan vs State Of Haryana And Others on 23 January, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 1205 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
117
CWP No. 1205 of 2014
Date of Decision : January 23, 2014
Balbir Singh Chauhan
.... PETITIONER
Vs.
State of Haryana and others
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Ram Niwas Sharma, Advocate,
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court praying for issuance of a writ of mandamus directing the respondents to step up his pay at par with his junior Sh. Randhir Singh as per the Haryana Government Instructions dated 27.11.2006 (Annexure P-2) and 05.03.2009 (Annexure P-3).
It is the contention of the counsel for the petitioner that Sh. Randhir Singh, who belongs to the Scheduled Caste category, was junior to the petitioner in the feeder cadre of Clerk. Since the petitioner belongs to the General Class category and Sh. Randhir Singh belongs to the Scheduled Caste category, in pursuance to the policy of the Government of Haryana, he was promoted against a Prerna datta 2014.01.24 11:04 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No. 1205 of 2014 2 reserved post as an Assistant much prior to the petitioner. However, petitioner, on his own turn, was promoted as an Assistant on 01.06.1998. As per the judgment of the Supreme Court in Ajit Singh Janjua and others vs. State of Punjab and others, JT 1999 (7) S.C. 153, the policy has been framed by the State of Haryana, according to which, the principle of catching up has been made applicable and the employee in the feeder cadre becomes senior to the reserved category employee upon promotion to that particular stage. On that basis, petitioner is now senior to Sh. Randhir Singh and, therefore, is entitled to pay equal to that of Sh. Randhir Singh from the date of promotion. The case of the petitioner for grant of such benefit was forwarded by the District Education Officer, Jind on 17.09.2012 to the Director, Secondary Education, Haryana. When no decision thereon was taken, petitioner was forced to serve a legal notice dated 22.10.2013 (Annexure P-6) upon the respondents which has also not been responded to nor any benefit granted to the petitioner.
Counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Director, Secondary Education, Haryana-respondent No. 2 to consider and decide the legal notice dated 22.10.2013 (Annexure P-6) within some specified time.
In the light of the above submissions of 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 directions to the Director, Secondary Education, Haryana-respondent Prerna datta No. 2 to consider and decide the legal notice dated 22.10.2013 2014.01.24 11:04 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No. 1205 of 2014 3 (Annexure P-6) within a period of two months from the date of receipt of certified copy of this order. In case the claim of the petitioner is accepted, the consequential benefits, if any, be released to him, in accordance with law, within a further period of one month. Decision so taken be conveyed to the petitioner forthwith.
(AUGUSTINE GEORGE MASIH )
January 23, 2014 JUDGE
pj
Prerna datta
2014.01.24 11:04
I attest to the accuracy and
integrity of this document
High Court, Chandigarh
CWP No. 1205 of 2014 4
Prerna datta
2014.01.24 11:04
I attest to the accuracy and
integrity of this document
High Court, Chandigarh