Punjab-Haryana High Court
Lalit Kumar And Anr vs Punjab State Sports Council And Ors on 30 April, 2024
Neutral Citation No:=2024:PHHC:058595
114
2024:PHHC:058595
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-9720-2024 (O&M)
Date of decision: 30.04.2024
Lalit Kumar and another
....Petitioners
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Manu K. Bhandari, Advocate
with Mr. Rohit Kataria, Advocate
and Mr. Manu Gaur, Advocate
for the petitioners.
Mr. Rajesh Sehgal, Addl. A.G., Punjab.
NAMIT KUMAR J. (Oral)
The petitioners have filed the instant writ petition, claiming
the following reliefs:-
"Civil Writ Petition under Article 226 of the
Constitution of India for issuance of writ of certiorari
thereby modifying the order Annexure P-17 (dated
16.08.2019) whereby the services of the petitioners have
been ordered to be regularized w.e.f. 03.09.2011 instead of
regularizing the petitioners in terms of the policy
instructions Annexure P-1 (18.01.1995) and Annexure P-3
(23.01.2001) or instructions P-6 (dated 15.12.2006) as per
the eligibility of the petitioners and further in terms of the
judgment Annexure P-15 (dated 01.11.2018).
AND
A writ of mandamus may kindly be issued thereby
directing the respondents to correctly calculate the arrears
of pay of the petitioners in terms of the calculation sheet
Annexure P-18.
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AND
Further a writ of mandamus may kindly be issued
thereby directing the respondents to compute the salary of
the petitioners after regularization from the date deemed fit
by the Hon'ble Court.
AND
Further a writ of mandamus may kindly be issued
thereby directing the respondents to grant the petitioners
the arrears of pay on account of implementation of 6th Pay
Commission as have been done in the case of the other
employees vide Annexure P-26 (dated 11.04.2022)
alongwith interest @ 18 % per annum.
AND
Further a writ of mandamus may kindly be issued
thereby granting the benefit of the Assured Career
Progression Rules Annexure P-25 (dated 22.07.2011) and
further directions may be issued to grant the requisite
benefits on completion of 4/9 years services alongwith
arrears @ 18% per annum....."
Learned counsel for the petitioners submits that the
petitioners have already served a justice demand notice dated
20.06.2023 (Annexure P-28) upon the respondents but still no decision
on the same has been taken although a period of 10 months has been
passed. He further submits that he shall submit a fresh justice demand
notice and the respondents may be directed to consider and decide the
same, in a time bound manner.
Notice of motion.
Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on
behalf of the respondents and has no objection to the innocuous prayer
made by learned counsel for the petitioners.
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Accordingly, the present petition is disposed of with a
direction that if any such justice demand notice is submitted by the
petitioners with the respondents within a period of 02 weeks from today,
the same shall be considered and decided by respondent No.2, by
passing a speaking order and after affording an opportunity of personal
hearing to the petitioners, within a period of 03 months thereafter.
(NAMIT KUMAR)
JUDGE
30.04.2024
yakub
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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