Dr. Sat Narain Sharma And Another vs State Of Haryana And Another
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Punjab-Haryana High Court

Dr. Sat Narain Sharma And Another vs State Of Haryana And Another on 28 October, 2024

CWP No.29298 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Sr. No.133 CWP No.29298 of 2024
Date of Decision: 28.10.2024

Dr. Sat Narain Sharma and another .... Petitioners
Versus

State of Haryana and another ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present: Mr. Himanshu Sharma, Advocate for the petitioners.

TRIBHUVAN DAHIYA, J. (ORAL)

The petition has been filed inter alia seeking a writ of mandamus directing the respondents to re-fix the petitioners' pension by granting them benefit of annual increment in the last year of retirement.

2. Learned counsel for the petitioners contends that the petitioners had completed one year satisfactory service prior to their retirement, and became entitled to one annual increment on that basis. The law in this regard stands settled by the Supreme Court in The Director (Admn. and HR) KPTCL and others v. C.PMundinamani and others, 2023 SCC Online SC

401. Learned counsel further contends that at this stage, the petitioners will be satisfied in case they are permitted to make a fresh representation before the second respondent raising the grievance as has been raised in this petition, and the same may be ordered to be decided within a specified period in terms of the aforementioned settled law.

4. Mr. Krishan K. Chahal, Additional Advocate General, Haryana,

accepts notice on behalf of the respondents, and submits that that in case any

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representation is filed by the petitioners within two weeks from today, the same will be decided by the second respondent/Directorate of Medical Education and Research Haryana, by passing a speaking order within three months of receiving the representation, keeping in view the law laid down in C.P.Mundinamani case (supra), as well as the directions issued by the Supreme Court vide interim order, dated 06.09.2024, passed in SLP (C) No.4722 of 2021, that, 'The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 30.04.2023 will not be paid'.

5. In view of the statement made, learned counsel for the

petitioners has no objection to the petition being disposed of in terms

thereof.

6. Ordered accordingly.

(TRIBHUVAN DAHTYA) JUDGE 28.10.2024 Maninder Whether speaking/reasoned__:: Yes/No

Whether reportable : Yes/No