Vikram Singh vs State Of Haryana And Others
2023 Latest Caselaw 5083 P&H

2023:PHHC:057187

CWP-8426-2023 -1-

122

IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH

CWP-8426-2023
Date of decision:24.04.2023

Vikram Singh ... Petitioner

Vs.

State of Haryana and others ... Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present: Mr. Randeep Tanwar, Advocate for

Mr. Ram Darshan Yadav, Advocate for the petitioner.

3K 2k 3

SUVIR SEHGAL J. (QRAL)

1. By way of present petition, petitioner has sought issuance of a writ in the nature of mandamus directing the respondents to pay salary due to the petitioner and to grant him increments from the year 2010 alongwith arrears thereof with interest.

2. Counsel for the petitioner submits that the petitioner was

SHEETAL

2023.04.27 16:21

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appointed as a Clerk in 1993 and he earned further promotions. In 2010, he was promoted as Deputy Superintendent. A criminal case bearing FIR No.36 dated 09.02.2013 was registered under Sections 420, 467, 468, 471, 509 and 34 of IPC, 1860, at Police Station Madhuban, District Karnal, in which petitioner was named as an accused and after trial, he was acquitted by judgment 07.11.2017. Counsel submits that appeal preferred by the State against the judgment was dismissed on 17.08.2021, Annexure P-1. Counsel asserts that despite having been given a clean acquittal, petitioner has not been paid salary for the period mentioned in Para 05 of the

writ petition. He is also entitled to increments and benefits of 7°

2023:PHHC:057187

pay commission, which have been denied. He submits that petitioner has served a legal notice dated 25.01.2022, Annexure P- 2, but to no avail and the petitioner would be satisfied, in case, a direction is issued to the respondent concerned to look into it. Notice of motion.

On asking of the Court, Mr. Saurabh Mohunta, DAG, Haryana, accepts notice on behalf of the respondents.

Given the nature of order being passed, this Court does not deem it necessary to call for a response from the respondents.

Having heard counsel for the parties, but without commenting upon the claim as raised in the writ petition or in the legal notice, this petition is disposed of with a direction to respondent No.3 to examine the legal notice, Annexure P-2, within a period of 04 months from the date of communication of a copy of this order. In case, the said respondent finds that the petitioner is not entitled to the claim as raised by him, an order be passed giving reasons for

rejection within the aforesaid period.

24.04.2023 (SUVIR SEHGAL)

sheetal

SHEETAL

2023.04.27 16:21

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JUDGE

Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No