Durga Devi vs State Of Punjab And Others
2024 Latest Caselaw 4813 P&H

Punjab-Haryana High Court

Durga Devi vs State Of Punjab And Others on 4 March, 2024

                                                     Neutral Citation No:=2024:PHHC:030066




                                                      2024:PHHC:030066

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

121
                                             CWP-5172-2024
                                             Date of decision: 04.03.2024

Durga Devi                                                     ....Petitioner

                                  Versus

State of Punjab and others                                  ....Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:     Mr. Jatin Salwan, Advocate for the petitioner.

NAMIT KUMAR J. (Oral)

1. The petitioner, who is working as Peon on daily wages

since 01.09.2001, has preferred the instant writ petition claiming

minimum of the pay scale of Group 'D' employee along with arrears of

pay in terms of the judgment of Hon'ble Supreme Court in the case of

State of Punjab Vs. Jagjit Singh and others : 2017(1) SCC 148 and

order passed by this Court on 30.01.2024 in CWP No.35234 of 2019

titled as 'Vimal Kumar and others Vs. State of Punjab and others' and

other connected cases.

2. Learned counsel for the petitioner submits that for claiming

the said relief, the petitioner has also submitted legal notice dated

04.03.2019 (Annexure P-4) which is still pending consideration with the

respondents and at this stage, the petitioner would be satisfied if

directions are issued to respondent No.2 to consider and decide the said

legal notice by passing a speaking order in a time bound manner.

3. Notice of motion.

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2024:PHHC:030066

4. Mr. Rajesh Sehgal, Addl. A.G., Punjab, who is present in

the Court, accepts notice on behalf of respondent No.1 and

Ms. Monica Chhibber Sharma, Advocate accepts notice on behalf of

respondents No.2 and 3 and submits that they have no objection to the

innocuous prayer made by the petitioner.

5. Without expressing any opinion on the merits of the case or

the claim being made by the petitioner in the present petition,

respondent No.2 is directed to consider and decide the claim made by

the petitioner in the legal notice dated 04.03.2019 (Annexure P-4), in

accordance with law, by passing a speaking order within a period of two

months from the date of receipt of certified copy of this order and

convey to the petitioner. In case, the petitioner is found entitled, her

claim be released within a period of six weeks thereafter.

7. The petition stands disposed of.

                                                      (NAMIT KUMAR)
04.03.2024                                                JUDGE
kothiyal

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

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