Harjit Singh And Ors vs State Of Punjab And Others
2021 Latest Caselaw 331 P&H

CWP-1756-2021                                                                 1

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

123                                            CWP-1756-2021
                                               Date of decision: 27.01.2021
Harjit Singh and others
                                                        .....Petitioners

                               versus

State of Punjab and others
                                                        ....Respondents

CORAM: Hon'ble Mr. Justice Girish Agnihotri

Present: Ms. Sudha, Advocate for the petitioners.

           Ms. Sunint Kaur, Assistant AG, Punjab.

                                               ****
GIRISH AGNIHOTRI, J. (Oral)

The matter has been taken up through video-conferencing on

account of restrictions due to outbreak of pandemic COVID-19.

Petitioner-Harjit Singh and ten others, have jointly filed the

present petition inter alia with a prayer for issuance of a writ in the nature

of mandamus by directing the respondents to release the benefits of Assured

Career Progression (ACP) Scheme as formulated vide Policy Circular dated

03.11.2006 (Annexure P-1) including all other consequential benefits viz.

re-fixation of pay, arrears of benefits along with interest from the date of

accrual till its actual realization, along with further prayers as mentioned in

the prayer clause of the writ petition.

Learned counsel for the petitioners based on pleadings, submits

that letter dated 29.04.2010 was challenged in CWP No.16446 of 2010

titled as 'Jaswinder Singh Bedi and Others Vs. State of Punjab and others'. It

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is submitted that vide judgment dated 20.05.2013, the writ petition was

allowed, the letter dated 29.04.2010 was quashed and it was held that the

petitioners therein are entitled to the benefits as per circular dated

03.11.2006. Learned counsel further submits that the said judgment has

attained finality. Learned counsel however submits that for the same/similar

grievances as made in the present writ petition, the petitioners had served a

Legal Notice dated 15.09.2020 (Annexure P-8), but till date no action has

been taken. Learned counsel then states that the petitioners would be

satisfied, if a time bound directions be issued to respondents to decide the

claim of the petitioners as made in Legal Notice (Annexure P-8).

Notice of motion.

On asking of the Court, Ms. Sunint Kaur, Assistant AG, Punjab,

accepts notice on behalf of respondents-State.

In view of the above and without commenting on the merits of the

case, the present writ petition is disposed of with a direction to respondent-

Competent Authority to consider the Legal Notice (Annexure P-8) and

decide the same in accordance with law, as expeditiously as possible,

preferably within a period of 04 months from the date of receipt of certified

copy of this order.

Ordered accordingly.

                                                   (GIRISH AGNIHOTRI)
                                                         JUDGE
27.01.2021
anju rani
          Whether speaking/ reasoned:                   Yes/No
          Whether Reportable:                           Yes/No




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