Citation : 2023 Latest Caselaw 21124 P&H
Judgement Date : 5 December, 2023
Neutral Citation No:=2023:PHHC:154967
Neutral Citation No.2023:PHHC:154967
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
238
CWP-4747-2019 (O&M)
Decided on : 05.12.2023
Ram Niwas
. . .Petitioner
Versus
State of Haryana and others . . . Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
PRESENT: Mr. Ankur Goyat, Advocate for
Mr. Ramesh Goyat, Advocate for the petitioner.
Mr. Tapan Kumar Yadav, DAG, Haryana.
****
HARSIMRAN SINGH SETHI , J. (Oral)
1. In the present petition, the claim of the petitioner is that the
petitioner be granted the regular pay-scale as being granted to the other
similarly situated regular employees by the respondents-department keeping
in view the judgment of this Court passed in CWP No. 22516 of 2012 titled
as 'Mohinder Singh and others v. State of Haryana and others', decided
on 01.04.2013, which judgment has already attained finality before the
Hon'ble Supreme Court of India keeping in view the order passed in Civil
Appeals No. 7391-7395 of 2013 titled as 'State of Haryana and others v.
Mohinder Singh and others', decided on 31.01.2017.
2. Learned counsel for the petitioners further submits that though
notice of motion was issued by the Co-ordinate Bench of this Court but no
reply has been filed by the respondents so far despite the fact that more than
four years have elapsed and the pendency of the present petition is causing
prejudice to the petitioner hence, the petitioner will be satisfied, at this stage,
in case a direction is issued to the respondents to decide the legal notice of
the petitioner dated 30.11.2018 (Annexure P-10) by passing an appropriate
speaking order in a time bound manner.
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Neutral Citation No:=2023:PHHC:154967
CWP-4747-2019 (O&M) -2- 2023:PHHC: 154967
3. Learned counsel for respondent-State and submits that in case,
the legal notice dated 30.11.2018 (Annexure P-10) has been received in the
office of the concerned authorities and the same is still pending consideration
with the authorities concerned, the same will be decided by the competent
authority within a period of eight weeks of the receipt of certified copy of
this order by passing an appropriate speaking order and in case, after the
decision, the petitioner is found entitled for any benefit, the same will be
extended to him within a further period of four weeks.
4. Learned counsel for the petitioner submits that keeping in view
the statement of learned State counsel, the present petition may kindly be
disposed of having been not pressed any further.
5. Ordered accordingly.
(HARSIMRAN SINGH SETHI)
JUDGE
05.12.2023
Riya
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
Neutral Citation No:=2023:PHHC:154967
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