Citation : 2022 Latest Caselaw 14395 P&H
Judgement Date : 15 November, 2022
124.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP-25973-2022
Date of Decision: 15.11.2022
VEENA RANI .... Petitioner
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Rakesh Sobti, Advocate,
for the petitioner.
----
JAISHREE THAKUR.J (Oral)
This is a petition that has been filed under Article 226/227 of the
Constitution of India for issuance of a writ in the nature of mandamus
directing respondents to grant the benefit of ACP on completion of 4 years of
service on the post of Inspector w.e.f. 01.04.2017 in terms of Punjab
Government instructions issued vide letter dated 03.11.2006, Annexure P-3
and to re-fix pay accordingly, and further to make payment of arrears of pay,
revision of pension, gratuity, leave encashment etc. along with interest
@ 12% per annum in view of Full Bench judgment of this Court in A.S.
Randhawa Versus Sate of Punjab and others, 1997(3) RSJ 318 and of the
Supreme Court in S.K. Dua Versus State of Haryana, AIR 2008 SC 1077.
At the very outset, counsel appearing on behalf of the petitioner
would submit that in this regard, the petitioner has approached respondent
No.3 by way of various representations, Annexures P-5 to P-7, but till date,
no decision has been taken thereon. He would submit that at this stage, the
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petitioner would be satisfied in case his representation dated 01.12.2020,
Annexure P-5, is decided, in accordance with law, in a time bound manner.
Notice of motion.
On the asking of the Court, Ms. Deepali Puri, Additional
Advocate General, Punjab, accepts notice on behalf of the respondents.
Let sufficient number of copies of complete paper book be
supplied to her during the course of day.
Without commenting on merits of the case and keeping in view
the limited prayer made by counsel for the petitioner, the present petition is
disposed of with a direction to respondent No.3 to decide representation
dated 01.12.2020, Annexure P-5 of the petitioner, within a period of three
months, from the date of receipt of certified copy of this order, in accordance
with law and convey the decision to the petitioner. In case of failure to do so,
the officer responsible for the lapse would be liable to costs of Rs.20,000/-
from his personal pocket, to be deposited with the Punjab and Haryana High
Court Advocates Welfare Fund.
(JAISHREE THAKUR)
JUDGE
15.11.2022
sanjeev
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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