Kailash Ahuja And Anr vs State Of Haryana And Another
2021 Latest Caselaw 2200 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
116
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================= IN VIRTUAL COURT ================= CWP No. 14326 of 2021 Decided on: 2.8.2021

Kailash Ahuja and another ..........Petitioners Versus State of Haryana and another .........Respondents

CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present: Mr. Rajesh Dhankhar, Advocate, for the petitioners

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Rajbir Sehrawat, J.(Oral)

This petition has been filed under Articles 226/227 of the

Constitution of India seeking issuance of a writ in the nature of mandamus,

directing the respondents to grant the revised selection grade of Rs.7500-12000

w.e.f. 1.1.1996 instead of 1.8.2000 to the petitioners, in view of the

Government of Haryana Secondary Education order dated 3.2.2105 (Annexure

P-7), vide which similar situated persons were granted the benefit of aforesaid

selection grade and in view of the judgment dated 1.12.2010 passed by this

Court in CWP No. 8082 of 2001 and CWP No. 13897 of 2003, filed by some

similar situated Headmasters/Headmistresses. Further prayer of the petitioners

is for grant of consequential pensionary benefits with interest @ 18% per

annum.

At the outset, counsel for the petitioners submits that, at this stage,

the petitioners would be satisfied if the respondents take a conscious decision

on the legal notices of the petitioners dated 11.3.2020 (Annexure P-10) and

10.1.2021 (Annexure P-11) and pass a speaking order thereon, within a time

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frame.

Notice of motion.

Mr. Harish Rathee, DAG, Haryana accepts notice on behalf of

respondents. Even counsel for the respondents are not averse to the

expeditious disposal of the claim of the petitioners.

In view of the above, the present petition is disposed of with a

direction to respondent No.2 to decide the legal notices of the petitioners dated

11.3.2020 (Annexure P-10) and 10.1.2021 (Annexure P-11) and take a

conscious decision thereon by passing a speaking order; within a period of 3

months from the date of receipt of the certified copy of this order.

It is further ordered that if the petitioners are found entitled to any

pecuniary benefits upon such a conscious decision; then the said pecuniary

benefits shall also be released to the petitioners within a further period of 3

months; from the date of such conscious decision of the authorities.

(RAJBIR SEHRAWAT) JUDGE 2.8.2021 Ashwani

Speaking/Non-speaking : Yes/No Reportable/Reasoned : Yes/No

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