Punjab-Haryana High Court
Dharmvir Singh And Ors vs State Of Haryana And Ors on 29 May, 2018
Author: Jaspal Singh
Bench: Jaspal Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.114
Civil Writ Petition No.13032 of 2018 (O&M)
DECIDED ON: May 29, 2018
DHARMVIR SINGH AND OTHERS
..PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASPAL SINGH
Present: Mr. B.S. Tewatia, Advocate,
for the petitioners.
*****
JASPAL SINGH, J. (ORAL)
CM No.8075-CWP of 2018 Application is allowed as prayed for and copy of order dated 11.08.2003 passed in CWP No.4518 of 2000 (P-13) is taken on record subject to all just exceptions and be tagged at appropriate place. CWP No.13032 of 2018 By virtue of the instant civil writ petition, preferred under Articles 226/227 of the Constitution of India, petitioners have sought the issuance of a writ in the nature of Mandamus directing the respondents to extent the benefit of re-fixation of pay of the petitioners after including the benefits of ad hoc relief cut as on 01.04.1979 in terms of judgment dated 27.07.2000 (P-7) and SLP filed by the respondents-State of Haryana in the Hon'ble Apex Court since already dismissed on 07.12.1995 (P-6) and 08.12.2015 (P-8). The Finance Department even issued letters on 1 of 2 ::: Downloaded on - 11-06-2018 02:38:20 ::: Civil Writ Petition No.13032 of 2018 --2--
15.03.2017 (P-9) for implementation of the judgment rendered in Civil Appeal No.8661 of 2009 and 8703 of 2009 titled as State of Haryana & ors. vs. R.K. Gupta & ors. (P-8) not only qua the petitioners of those matter but qua the other persons who are eligible and even not petitioners in those writ petitions along with all consequential benefits.
2. Learned counsel for the petitioners contends that though a legal notice dated 07.02.2018 (P-10) was made to the respondents but till date neither any reply to the said legal notice has been received nor any final order has been passed by the respondents. Further, they feel satisfied in case a direction is issued to respondents to decide the aforesaid legal notice (P-10) in a time bound manner.
3. Instant petition is disposed of with a direction to respondents to look into the grievances unfolded by the petitioners in the aforesaid legal notice 07.02.2018 (P-10) and take a conscious decision by passing a speaking order as per rules, regulations and instructions issued by the Government from time to time as well as in the light of the judgments passed in CWP No.16084 of 1997, captioned as Dharam Pal Singh vs. State of Haryana & ors., decided on July 27, 2000 and R.K. Gupta's case (Supra), within a period of four months from the date of receipt of a certified copy of this order. In case, non compliance of this order, petitioners shall be at liberty to have recourse to the remedies available under law as well as to approach this Court.
May 29, 2018 (JASPAL SINGH)
Ankur JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
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