Punjab-Haryana High Court
Lalit Kumar And Anr vs Punjab State Sports Council And Ors on 30 April, 2024
Neutral Citation No:=2024:PHHC:058595
114
2024:PHHC:058595
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-9720-2024 (O&M)
Date of decision: 30.04.2024
Lalit Kumar and another
....Petitioners
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Manu K. Bhandari, Advocate
with Mr. Rohit Kataria, Advocate
and Mr. Manu Gaur, Advocate
for the petitioners.
Mr. Rajesh Sehgal, Addl. A.G., Punjab.
NAMIT KUMAR J. (Oral)
The petitioners have filed the instant writ petition, claiming the following reliefs:-
"Civil Writ Petition under Article 226 of the Constitution of India for issuance of writ of certiorari thereby modifying the order Annexure P-17 (dated 16.08.2019) whereby the services of the petitioners have been ordered to be regularized w.e.f. 03.09.2011 instead of regularizing the petitioners in terms of the policy instructions Annexure P-1 (18.01.1995) and Annexure P-3 (23.01.2001) or instructions P-6 (dated 15.12.2006) as per the eligibility of the petitioners and further in terms of the judgment Annexure P-15 (dated 01.11.2018).
AND A writ of mandamus may kindly be issued thereby directing the respondents to correctly calculate the arrears of pay of the petitioners in terms of the calculation sheet Annexure P-18.
1 of 3 ::: Downloaded on - 01-05-2024 06:15:30 ::: Neutral Citation No:=2024:PHHC:058595 CWP-9720-2024 (O&M) -2- 2024:PHHC:058595 AND Further a writ of mandamus may kindly be issued thereby directing the respondents to compute the salary of the petitioners after regularization from the date deemed fit by the Hon'ble Court.
AND Further a writ of mandamus may kindly be issued thereby directing the respondents to grant the petitioners the arrears of pay on account of implementation of 6th Pay Commission as have been done in the case of the other employees vide Annexure P-26 (dated 11.04.2022) alongwith interest @ 18 % per annum.
AND Further a writ of mandamus may kindly be issued thereby granting the benefit of the Assured Career Progression Rules Annexure P-25 (dated 22.07.2011) and further directions may be issued to grant the requisite benefits on completion of 4/9 years services alongwith arrears @ 18% per annum....."
Learned counsel for the petitioners submits that the petitioners have already served a justice demand notice dated 20.06.2023 (Annexure P-28) upon the respondents but still no decision on the same has been taken although a period of 10 months has been passed. He further submits that he shall submit a fresh justice demand notice and the respondents may be directed to consider and decide the same, in a time bound manner.
Notice of motion.
Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of the respondents and has no objection to the innocuous prayer made by learned counsel for the petitioners.
2 of 3 ::: Downloaded on - 01-05-2024 06:15:31 ::: Neutral Citation No:=2024:PHHC:058595 CWP-9720-2024 (O&M) -3- 2024:PHHC:058595 Accordingly, the present petition is disposed of with a direction that if any such justice demand notice is submitted by the petitioners with the respondents within a period of 02 weeks from today, the same shall be considered and decided by respondent No.2, by passing a speaking order and after affording an opportunity of personal hearing to the petitioners, within a period of 03 months thereafter.
(NAMIT KUMAR) JUDGE 30.04.2024 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3 of 3 ::: Downloaded on - 01-05-2024 06:15:31 :::