Narian Dutt vs State Of Haryana & Others
2024 Latest Caselaw 5252 P&H

Punjab-Haryana High Court

Narian Dutt vs State Of Haryana & Others on 7 March, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                                      Neutral Citation No:=2024:PHHC:033102




                                           Neutral Citation No.2024:PHHC:033102

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
228
                                           CWP-13349-2018 (O&M)
                                           Decided on :07.03.2024

NARIAN DUTT                                            ......PETITIONER
                                         Versus

STATE OF HARYANA AND OTHERS                             . . . RESPONDENTS

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

PRESENT: Mr.S. K. Bhardwaj, Advocate for the petitioner.

       Ms. Vibha Tewari, AAG, Haryana.
       ****
HARSIMRAN SINGH SETHI , J. (Oral)

1. In the present petition, the grievance being raised by the

petitioner is that the petitioner has not been given the benefit of 3 rd ACP on

the ground that the petitioner while working on the post of Patwari has not

cleared the departmental test for the post of Kanungo.

2. Learned counsel for the petitioner submitted that the said issue

has already been attained finality keeping in view the order passed by the

Co-ordinate Bench of this Court in CWP No. 10051 of 2013 titled as 'Prthivi

Singh v. State of Haryana and others' , decided on 27.04.2016, wherein the

benefit of ACP has been extended to the petitioner qua the post of Patwari.

3. Learned counsel for the respondents has not been able to rebut

the said judgment, by which, the claim of the similarly situated employee

has been allowed in his favour.

4. Keeping in view the facts and circumstances of the present case

where the question of law raised in the present petition has already been

answered by the Co-ordinate Bench of this Court while passing order in

Prthivi Singh's case (supra), hence, the present petition is also allowed in

same terms and conditions as held in Prthivi Singh's case (supra)

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Neutral Citation No:=2024:PHHC:033102

CWP-13349-2018 (O&M) -2- 2024:PHHC:033102

5. It may be noticed that the petitioner has already retired from

the service and in case, after the grant of the benefit of third ACP, then

petitioner becomes entitled for revision of his pay as well as his pension, then

the same benefits be also granted to the petitioner along with arrears.

6.. Civil miscellaneous application pending, if any, is also disposed

of.

                                                (HARSIMRAN SINGH SETHI)
                                                        JUDGE
07.03.2024
Riya

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

Neutral Citation No:=2024:PHHC:033102

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