Punjab-Haryana High Court
Ashok Pannu vs Dakshin Haryana Bijli Vitran Nigam And ... on 2 May, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:060623
CWP-9936-2024 -1-
2024:PHHC:060623
106 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-9936-2024
Date of decision: 02.05.2024
ASHOK PANNU
...Petitioner
VERSUS
DAKSHIN HARYANA BIJLI VITRAN NIGAM AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. S. K. Nehra (Sirsa), Advocate for the petitioner.
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JASGURPREET SINGH PURI, J. (Oral)
1. The present writ petition has been filed under Article 226 of the
Constitution of India seeking issuance of a writ in the nature of mandamus
directing the respondents to grant the salary for the post of Assistant Engineer to
the petitioner w.e.f. 01.01.2015 to 08.12.2021 for holding current duty charge
for the post of Assistant Engineer in public interest till his regular promotion to
the post of Assistant Engineer along with interest @ 9% per annum on the
arrears of difference of salary for the post of Assistant Engineer and Junior
Engineer.
2. Learned counsel for the petitioner submitted that the petitioner had
served a legal notice dated 03.03.2023 (Annexure P-5) to the respondents but
the same has not been considered and decided till date. He further submitted
that at this stage, the petitioner will be satisfied in case the aforesaid legal notice
dated 03.03.2023 (Annexure P-5) is considered and decided by the respondents
in a time bound manner.
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Neutral Citation No:=2024:PHHC:060623
2024:PHHC:060623
3. Notice of motion.
4. On the asking of the Court, Mr. Samarth Sagar, Addl. A. G.,
Haryana, who is present in the Court, accepts notice on behalf of the
respondents. He submitted that in view of the limited prayer made by learned
counsel for the petitioner, he has no objection in case a time bound direction is
issued by this Court in this regard.
5. In view of the aforesaid facts and circumstances, without calling
for the reply from the respondents and without expressing anything on the
merits of the case, the present writ petition is disposed of with a direction to
respondent No.1-Managing Director, DHBVNL, Hisar (Haryana) to consider
and decide the legal notice dated 03.03.2023 (Annexure P-5) strictly in
accordance with law and within a period of three months from today. The
respondent No.1-Managing Director, DHBVNL, Hisar (Haryana) will pass a
speaking order in the light of the judgment of the Hon'ble Supreme Court in
Smt. P. Grover versus State of Haryana and another, (1983) 4 SCC 291, a Full
Bench judgment of this Court in Subhash Chander versus State of Haryana
and others, 2012 (1) SLR 207 and judgment of this Court in Om Kumar Dalal
versus Dakshin Haryana Bijli Vitran Nigam Limited and others,
CWP-20165-2021, decided on 02.02.2024 (Annexure P-6).
(JASGURPREET SINGH PURI)
02.05.2024 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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