Sunil And Ors vs State Of Haryana And Ors
2024 Latest Caselaw 13472 P&H

Punjab-Haryana High Court

Sunil And Ors vs State Of Haryana And Ors on 2 August, 2024

                                       Neutral Citation No:=2024:PHHC:098679



 CWP-18279-2024 (O&M)                   - 1-


            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
109
                                                       CWP-18279-2024 (O&M)
                                                       Date of decision: 02.08.2024

Sunil and Others
                                                                        ....Petitioners
                                 Versus

State of Haryana and Others
                                                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                 *****
Present : Mr. Ankur Goyat, Advocate for the petitioner
                                *****
AMAN CHAUDHARY. J. (ORAL)

1. The prayer in the present petition is for directing the respondents to

release differences of Over Time Allowance admissible to the petitioners for the

period from 01.04.2013 to 31.12.2016, after the decision of this Court dated

01.04.2013 passed in CWP-22516-2012.

2. Learned counsel would submit that the petitioners had not been

granted Over Time Allowance despite the fact that the claim being covered by the

judgment passed in State of Haryana and others vs. Sanjeev Kumar and

others, LPA-1582-2023 and connected cases, decided on 23.04.2024, Annexure

P-8, whereby the State of Haryana unsuccessfully challenged the judgment passed

in the case of Sanjeev Kumar and others vs. State of Haryana and others,

CWP-697-2020, wherein it was noticed that the judgment in the case of Brij

Bhushan and others vs. State of Haryana and others, CWP-3005-2018,

decided on 01.02.2019, Annexure P-4, had attained finality and benefits were

released. In this regard a demand notice dated 18.05.2024, Annexure P-8, has been

served upon the respondents, which has yet not evoked any response. He thus, at

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Neutral Citation No:=2024:PHHC:098679

CWP-18279-2024 (O&M) - 2-

this stage, on instructions from the petitioners prays that a direction is given to the

respondents to decide the same in a time bound manner by taking into

consideration the afore-referred judgments.

3. Notice of motion.

4. At the asking of the Court, Mr. Harish Nain, AAG Haryana accepts

notice on behalf of the respondent-State and has no objection to the limited prayer

made.

5. In view of the above and without commenting upon the merits of the

case, these petitions are hereby disposed of with a direction to the respondents to

decide the demand notice dated 18.05.2024, Annexure P-8, by taking note of the

afore-referred judgments, within a period of six months, which this Court has no

reason to believe the authorities would not address in a just, fair and reasonable

manner. Upon doing so, after notice and hearing offered to them and if found

entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to

their interest, the same shall contain reasons and the petitioners shall be free to

seek legal redress thereupon.

                                                   (AMAN CHAUDHARY)
                                                         JUDGE
02.08.2024
M.Kamra

        Whether speaking/reasoned              :      Yes / No
        Whether reportable                     :      Yes / No




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