Punjab-Haryana High Court
Ram Niwas vs State Of Haryana And Ors on 22 October, 2024
CWP-28606-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
134 CWP-28606-2024
Date of Decision: 22.10.2024
Ram Niwas ...Petitioner(s)
Versus
State of Haryana and others ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:- Mr. Sanjeev Kumar Bhar, Advocate for the petitioner
TRIBHUVAN DAHIYA, J. (Oral)
The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to release the excess amount of ₹1,41,760 deducted from the gratuity along with interest; and also the amount of ₹29,396 along with interest which the petitioner was forced to deposit due to wrong calculation by the respondents.
2. Learned counsel for the petitioner submits that grievance raised herein is pending for appropriate decision before the respondents. At this stage, the petitioner will be satisfied in case respondent No.2 is directed to decide the pending representation, dated 19.08.2024, Annexure P-16, in a specified period. He also contends that the petitioner will make separate representation to the respondents concerning his claim for removing anomaly in Grade Pay, and liberty may be granted for the purpose.
3. Notice of motion.
PAYAL2024.10.25 10:17 I attest to the accuracy and authenticity of this order/judgment CWP-28606-2024 -2-
4. Ms. Tanushree Gupta, DAG, Haryana, accepts notice and submits that the pending representation shall be decided by respondent No.2 expeditiously.
5. In view thereof, without going into merits of the case, the petition is disposed of with a direction to respondent No.2/Director Secondary Education, to consider and decide the pending representation, dated 19.08.2024, by passing a speaking order in accordance with law, within a period of three months from the date of receiving a certified copy of this order. In case the petitioner is found entitled to the benefits claimed, the same shall be released to him within a period of six weeks therefrom. Further, the petitioner shall be at liberty to make a separate representation to the respondents concerning his claim for the Grade Pay or any other related issue.
6. In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹50,000 to the petitioner.
(TRIBHUVAN DAHIYA)
JUDGE
22.10.2024
Payal
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
PAYAL
2024.10.25 10:17
I attest to the accuracy and
authenticity of this order/judgment