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Punjab-Haryana High Court

Narendra Kumar vs The State Of Haryana And Others on 9 July, 2013

Author: Mahesh Grover

Bench: Mahesh Grover

C.W.P. No.5789 of 1992                                               -1-




IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.



                                      C.W.P. No.5789 of 1992 (O&M)
                                      DATE OF DECISION : 9.7.2013




Narendra Kumar                                                PETITIONER

                            VERSUS

The State of Haryana and others                               RESPONDENTS




CORAM : HON'BLE MR.JUSTICE MAHESH GROVER



Present:-    Shri Ravi Sharma, Advocate for the petitioner.

             Ms.Meenakshi Verma, Additional A.G. Haryana.



MAHESH GROVER, J.

The petitioner makes a two-fold grievance in this petition (1) that his period of suspension from 13.7.1979 to 24.4.1989 be regularised and he be granted pay on account thereof and (2) that the petitioner be granted the revised pay to which he was entitled to.

The reply filed by the respondents indicates that claim of the petitioner for regularisation of the period of suspension has already been granted to him. In so far as the question of revision of pay is concerned, it has been stated in para-15 of the reply that the pay-fixation case of the petitioner is under active consideration and the necessary process is being followed.

After hearing the learned counsel for the parties, I am of the opinion C.W.P. No.5789 of 1992 -2- that the instant petition with the efflux of time has been robbed of any justiciable issue. There is no information as to whether revised pay has been given to the petitioner. Similarly, the learned counsel for the petitioner has no information about the monetary aspects flowing from the regularisation of suspension period of the petitioner.

This Court after taking into consideration the entire facts, deems it appropriate to dispose of the instant petition with a direction to the respondents to grant revised pay to the petitioner after re-fixation and also to release the monetary dues on account of regularisation of suspension period of the petitioner. In case the needful has already been done, needless to say that these directions would have no effect upon the relief claimed by the petitioner. In case the same has not been done, the necessary benefits shall be released to the petitioner as expeditiously, as possible, preferably within a period of one month from the date of receipt of a certified copy of this order. It is essential to state here that in the eventuality of the benefits not given to the petitioner till date, the emoluments shall carry an interest at the rate of 7% per annum from the date the same became due.

Disposed of.


                                                          (MAHESH GROVER)
July 9, 2013                                                  JUDGE
GD




               WHETHER TO BE REFERRED TO REPORTER? YES/NO