Hawa Singh vs State Of Haryana And Another
2023 Latest Caselaw 20080 P&H

                                                       Neutral Citation No:=2023:PHHC:146952




                                            Neutral Citation No.2023:PHHC:146952

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH
122
                                                   CWP-25996-2023 (O&M)
                                                   Decided on : 20.11.2023

Hawa Singh                                                     . . .Petitioner
                                          Versus
State of Haryana and another                                      . . . Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

PRESENT: Mr. Sunil Kumar Bhardwaj, Advocate for the petitioner.

        Mr. Pankaj Middha, Additional Advocate General, Haryana.
       ****
HARSIMRAN SINGH SETHI , J. (Oral)

1. Learned counsel for the petitioner submits that the respondents-

department has declined the benefit of increment to the petitioner on the basis

of the instructions dated 03.04.2019 (Annexure P-4), despite the fact that the

petitioner had rendered 12 months service before he retired.

Learned counsel for the petitioner submits that keeping in view

the judgment of the Hon'ble Supreme Court of India in Civil Appeal

No.2471 of 2023 titled as 'The Director (Admn. And HR) KPTCL and

others v. C. P. Mundinamani and others' , decided on 11.04.2023,

respondents are under obligation to consider the claim of the petitioner once

again.

2. Learned counsel for the petitioner further submits that after the

judgment passed by the Hon'ble Supreme Court of India in C. P.

Mundinamani'case (Supra), the petitioner has already submitted a legal

notice dated 28.06.2023 (Annexure P-6) but the same is still pending

consideration with the respondents and the petitioners will be satisfied, at this

stage, in case a direction is issued to the respondents to decide the same by

passing an appropriate speaking order in a time bound manner.

3. Notice of motion.

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Neutral Citation No:=2023:PHHC:146952

CWP-25996-2023 (O&M) -2- 2023:PHHC: 146952

4. On the asking of the Court, Mr. Pankaj Middha, Additional

Advocate General, Haryana., who is present in Court, accepts notice on

behalf of the respondent-State and submits that in case, the Legal Notice

dated 28.06.2023 (Annexure P-6) 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

keeping in view the law laid down by the Hon'ble Supreme Court of India in

C. P. Mundinamani'case (Supra), 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 petitioners are found entitled for any

benefit, the same will be extended to them within a further period of four

weeks.

5. Learned Senior counsel for the petitioners 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.

6. Ordered accordingly.

                                                (HARSIMRAN SINGH SETHI)
                                                        JUDGE
20.11.2023
Riya

Whether speaking/reasoned:        Yes/No
Whether Reportable:                Yes/No




                                                        Neutral Citation No:=2023:PHHC:146952

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