Arun Rana And Ors vs State Of Haryana And Others
2022 Latest Caselaw 10548 P&H

248

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                          CWP-4131-2020 (O&M)
                                          Date of Decision: 06.09.2022
ArunRana and others                                         .....Petitioners
                                 Versus
State of Haryana and others                             .....Respondents


CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:   Mr. Ramesh Goyat, Advocate
           for the petitioners.

           Mr. R.K.S. Brar, Addl.A.G., Punjab.
                              *****

ARUN MONGA, J. (ORAL)

Petition herein, inter alia, is for issuance of a writ in the

nature of Mandamus for directing the respondent-department to grant

minimum scale prescribed for the posts such as Lab Technician,

Laboratory Attendant, Hospital Worker, Driver, Record Officer and

Staff Nurse etc. , claiming parity with regular staff. Reliance is

placed onSupreme Court judgment rendered in State of Punjab vs.

Jagjit Singh, 2016(4) SCT 641, as well as, Haryana Govt.

instructions dated 03.11.2017 (Annexure P-4).

2. Learned counsel for the petitioners also relies upon the

judgment dated 24.05.2022 of this Court in case titled MamtaMehla

and another vs. State of Haryana and others, passed in CWP

No.36992 of 2019 and other connected cases.

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3. Learned counsel for the petitioners further submits that

the petitioners have already submitted Demand Notice dated

04.10.2019 (Annexure P-5), but the same has not been adverted by

the respondents till date.

4. On the other hand, learned State counsel submits that a

decision will be taken by the competent authority,either way, on the

pending Demand Notice (Annexure P-5) of the petitioners by passing

a speaking order.

5. At this stage, learned counsel for the petitioners also

seeks decision on the pending Demand Notice, as suggested by

learned State counsel.

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

instant writ petition is disposed of with a direction to the respondents

to look into the pending Demand Notice dated 04.10.2019 (Annexure

P-5) of the petitioners and pass an administrative order, giving

reasons thereof, in accordance with law. It is expected from the

competent authority that before taking any appropriate decision they

shall go through the judgments of the Supreme Court as well as of

this Court, as cited above.

8. Let the needful be done as expeditiously as possible.

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9.          Disposed of accordingly.

10. Pending civil miscellaneous application, if any, also

stands disposed of.

                                                     (ARUN MONGA)
                                                         JUDGE
September 06, 2022
ashish

            Whether speaking/reasoned:                       Yes/No

            Whether reportable:                              Yes/No




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