Punjab-Haryana High Court
Surjeet Lal Gupta vs State Of Punjab And Others on 22 April, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:053571
CWP-8829-2024 1 2024:PHHC:053571
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CWP-8829-2024
Date of decision : 22.04.2024
Surjeet Lal Gupta
... Petitioner
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Vipin Mahajan, Advocate
for the petitioner.
Mr.T.P.S. Walia, AAG, Punjab.
VIKAS BAHL, J.(ORAL)
1. This is a civil writ petition filed under Article 226/227 of the
Constitution of India for issuance of a writ in the nature of mandamus
directing respondent department to grant one increment for one complete
year of service rendered by the petitioner immediately before retirement
notionally for the purpose of pensionary benefits and then re-fix the
pensionary benefits with consequential benefits of arrears etc. as per law
laid down by the Hon'ble Supreme Court of India in C.A. No.2471 of 2023
titled as "The Director (Admn & HR) K.P.T.C.L. and others vs. C.P.
Mundinamani and others" as also in view of judgments passed by this Court
on 16.03.2022 (Annexure P-2).
2. Learned counsel for the petitioner has submitted that for the
grievances raised by the petitioner, the petitioner had given a legal notice
dated 19.08.2023 (Annexure P-3) and at this stage, would be satisfied in
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Neutral Citation No:=2024:PHHC:053571
CWP-8829-2024 2 2024:PHHC:053571
case the legal notice is considered by the competent authority of respondent
no.1 in a time bound manner and if after considering the same, in case, the
pleas raised by the petitioner are found to be meritorious, then necessary
relief be granted to the petitioner.
3. Learned State counsel has submitted that the competent
authority of respondent no.1 would consider the said legal notice and decide
the same within a period of six weeks from the date of the receipt of
certified copy of the present order.
4. Keeping in view the above said facts and circumstances, the
present petition is disposed of with a direction to the competent authority of
respondent no.1 to consider the legal notice dated 19.08.2023 (Annexure P-
3) of the petitioner and decide the same, in accordance with law, as
expeditiously as possible, preferably within a period of six weeks from the
date of the receipt of certified copy of the present order and in case, after
considering the same, the pleas of the petitioner are found to be meritorious,
then necessary relief be granted to the petitioner and in case, the pleas of the
petitioner are not found to be meritorious, then a speaking order rejecting
the same be passed within a period of six weeks from the date of the receipt
of certified copy of the present order.
5. It is made clear that this Court has not opined on the merits of
the case and the competent authority of respondent no.1 would consider and
decide the legal notice independently, in accordance with law.
(VIKAS BAHL)
JUDGE
April 22, 2024
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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