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Punjab-Haryana High Court

Vijay Ahlawat vs State Of Haryana And Others on 27 July, 2020

Author: Anupinder Singh Grewal

Bench: Anupinder Singh Grewal

           In the High Court of Punjab and Haryana at Chandigarh

     114                                    CWP-10694-2020 (O & M)
                                            Date of Decision: July 27, 2020

     VIJAY AHLAWAT                                              .....PETITIONER

                                        VERSUS


     STATE OF HARYANA AND OTHERS                                 ....RESPONDENTS

     CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

     Present:    Mr. Sandeep Parkash Chahar, Advocate for the petitioner.

                 Mr. Rajeev Sidhu, DAG, Haryana
                 for respondents No.1, 3 to 6.

                 Mr. Nilesh Bhardwaj, Advocate for respondent No.2.
                            ****

     ANUPINDER SINGH GREWAL, J (ORAL)

Heard through video conferencing.

The petitioner, who is a HCMS doctor and at present working at PGIMS Rohtak, is seeking a direction to the respondents to release his salary from the month of June, 2019.

Learned counsel for the petitioner contends that the service book of the petitioner is with respondent No.5 and respondent No.2, his current employer, is insisting on his last pay certificate while the petitioner was employed in the Civil Hospital, Charkhi Dadri, before disbursing his salary. He also contends that all the documents which were available with the petitioner have already been handed over to the respondents.

Issue notice to the respondents.

At the asking of the Court, Mr. Rajeev Sidhu, DAG, Haryana accepts notice on behalf of respondents No.1, 3, 4, 5 and 6 and Mr. Nilesh Bhardwaj, Advocate accepts notice on behalf of respondent No.2. For Subsequent orders see CM-7702-CWP-2020 Decided by HON'BLE MR. JUSTICE ANUPINDER 8 SINGH GREWAL 1 of 2 ::: Downloaded on - 27-09-2020 13:25:09 ::: CWP-10694-2020 (O & M) -2- Learned counsel for respondent No.2 contends that he has received telephonic instructions from Law Officer, PGIMS Rohtak that respondent No.2 has written to respondent No.5 to send the relevant documents including the last pay certificate so that the salary be disbursed to the petitioner. He also contends that the petitioner earlier was on extraordinary leave and the salary which is yet to be paid is for the last 03 or 04 months.

Heard.

The petitioner is a Doctor, who is at present working as a Senior Resident at PGIMS, Rohtak. He has admittedly not been paid salary for the last several months which is rather unfortunate. He is being made to run around several departments for completing the papers. Respondent No.2- Institute has already written to respondent No.5 to provide all the relevant documents as the service book of the petitioner is in the custody of respondent No.5. It is, thus, necessary to issue directions to respondent No.5 to complete the necessary formalities and forward the requisite papers to respondent No.2 for disbursal of the petitioner's salary.

Consequently, the petition is partly allowed.

The respondent No.5 is directed to complete all the formalities and send the requisite papers to respondent No.2 within a period of two weeks from now and respondent No.5 is directed to release the outstanding salary within a period of one week thereafter.


                                                 (ANUPINDER SINGH GREWAL)
                                                          JUDGE
     July 27, 2020
     A.Kaundal

           Whether speaking/ reasoned         :      Yes/No
           Whether Reportable                 :      Yes/No




For Subsequent orders see CM-7702-CWP-2020 Decided by HON'BLE MR. JUSTICE ANUPINDER 9 SINGH GREWAL 2 of 2 ::: Downloaded on - 27-09-2020 13:25:10 :::