Surender Kumar Arya And Ors vs State Of Haryana And Ors
2022 Latest Caselaw 7806 P&H

CWP-18293-2018                                                         -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


227                                           CWP-18293-2018
                                              Date of Decision :26.07.2022

Surender Kumar Arya and others                                   ...Petitioners


                                Versus


State of Haryana and another                                    ...Respondents


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Shivam Malik, Advocate for
             Mr. Anurag Goyal, Advocate for the petitioners.

             Mr. Kiran Pal Singh, AAG, Haryana.

                       ***
Harsimran Singh Sethi, J. (Oral)

Learned counsel for the petitioners argues that keeping in view

the judgment passed by a Coordinate Bench of this Court in CWP-3922-

2011 titled as Narender Pal Singh Arya and another vs. State of

Haryana and others on 03.10.2016, the petitioners, who are similarly

situated, are also entitled for the benefit of the said judgment but, the same

has not been extended to them by the respondents on the ground that the

petitioners were not party to the said writ petition. Learned counsel for the

petitioners further argues that keeping in view the settled principle of law

settled by a Division Bench of this Court in Satbir Singh vs. State of

Haryana 2002(2) S.C.T. 354, once a question of law already attained

finality, the same has to be implemented qua all the similarly situated

persons without forcing them to approach this Court for the grant of same

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relief. Prayer of the petitioners is for issuance of a direction to the

respondents to grant the benefit of the said judgement to the petitioners.

Learned counsel for the petitioner submits that the petitioners

have already raised the said grievance before the respondents by way of

filing a representation dated 23.05.2018 (Annexure P/10), which is still

pending consideration with the respondents and the petitioners will be

satisfied at this stage in case a time bound direction is issued to the

respondent No.2 to decide the said representation.

Notice of motion.

Mr. Harish Nain, AAG, Haryana, who is present in the Court,

accepts notice on behalf of respondent-State and raises no objection in

deciding the representation dated 23.05.2018 (Annexure P/10) in a time

bound manner by passing an appropriate speaking order.

In view of the request made, without expressing any opinion on

the merits of the case or the claim being made by the petitioners in their

representation, respondent No.2 is directed to decide the representation

dated 23.05.2018 (Annexure P/10) by passing a speaking order within a

period of eight weeks from the date of receipt of copy of this order. In case

after the decision it is found that petitioners are entitled for any relief, the

same will be extended to them within a period of next four weeks.

Present writ petition stands disposed off.

July 26, 2022                       (HARSIMRAN SINGH SETHI)
aarti                                          JUDGE
            Whether speaking/reasoned : Yes/No
            Whether reportable :        Yes/No




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