Salil Kumar Uppal And Another vs State Of Punjab And Others
2021 Latest Caselaw 2956 P&H

145
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                CWP No. 20906 of 2021 (O&M)
                                                Date of decision: October 12, 2021

Salil Kumar Uppal and another                         ...Petitioners

                                        Versus
State of Punjab and others                            ...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:      Mr.Sameer Sachdeva, Advocate,
              for the petitioners.

       Mr. Ayush Sarna, AAG Punjab.
       (Presence marked through video conference)
                        ***
ARUN MONGA, J. (ORAL)

Petitioners hereininter alia seek issuance of a writ in the nature of

mandamus directing the respondents to grant them benefit of Career Advancement

Scheme as per UGC norms and consequential benefits thereof, by granting

extension/exemption in requisite courses at par with Government College Teachers

and similarly placed Government aided college lecturers.

2. Learned counsel for the petitioners relies on a judgment of this Court

passed in CWP No.6739 of 2014 decided on 17.01.2019 titled as Ashok Kumar

and Others Vs. State of Punjab and others (Annexure P-11).

3. Learned counsel for the petitioners submits that qua their aforesaid

grievance, petitioner caused issuance of a legal notice dated 18.01.2021 (Annexure

P-14) but the same has not been adverted by the respondents till date. Hence, the

instant petition.

4. On advance service, learned State counsel joins proceedings and

opposes the issuance of notice of motion. He submits thatcompetent authority shall

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take decision either way, on the pending legal notice dated 18.01.2021 (Annexure

P-14) in due course.

5. At this stage, learned counsel for the petitioners also agrees that let a

final decision be taken, by the competent authority on the pending legal notice

dated 18.01.2021 (Annexure P-14).

6. Given the nature of order being passed, there is no necessity to seek

return by any of the respondents as no further proceedings and/or pleadings are

required.

7. Without commenting on the merits of the case, the writ petition is

disposed of with a direction to the competent authority to look into the grievance

of the petitioners as per legal notice dated 18.01.2021 (Annexure P14) and also by

keeping in view the contentions raised in the present petition by treating the same

as supplementary representation and take a decision, in accordance with law.

8. Let the needful be done within a period of 03 months from today. In

case, favorable order is passed then benefit thereof be accorded to the petitioners

within a period of two months thereafter.

9. Disposed of accordingly.

(ARUN MONGA) JUDGE October 12, 2021 mahavir

Whether speaking/ reasoned: Yes/No

Whether Reportable: Yes/No

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