Bharpai Devi vs State Of Haryana And Others
2024 Latest Caselaw 16328 P&H

Punjab-Haryana High Court

Bharpai Devi vs State Of Haryana And Others on 5 September, 2024

                         IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                       Sr. No.: 121
                                                               Civil Writ Petition No.22260 of 2024
                                                               Date of Decision: September 05, 2024

                       Bharpai Devi
                                                                                 ..... PETITIONER(S)
                                                           VERSUS
                       State of Haryana & others
                                                                               ..... RESPONDENT(S)


                       CORAM:            HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA


                       PRESENT: - Mr. Surinder Gaur, Advocate, for the petitioner.



                        Tribhuvan Dahiya, J (Oral)

The petition has been filed seeking a writ of mandamus directing

the respondents to re-fix the petitioners' pension by granting her benefit of

annual increment in the last year of retirement.

2. Learned counsel for the petitioner contends that in the last year

of retirement, the petitioner has completed the requisite six months or more

of satisfactory service, 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.P.Mundinamani and others,

2023 SCC Online SC 401, and this Court in CWP No.8364 of 2024, titled

Suresh Kumar Singla and others v. State of Haryana and others, decided on

16.04.2024. Still, the petitioner's claim has not been considered, nor has her

legal notice, dated 04.08.2024, Annexure P-3, been decided so far.

3. Notice of motion.

4. Ms. Tanushree Gupta, Deputy Advocate General, Haryana.,

accepts notice on behalf of the respondents and submits that the pending legal

notice, dated 04.08.2024, will be decided expeditiously by the second

respondent, keeping in view the law laid down in C.P.Mundinamani case

(supra) and Suresh Kumar Singla case (supra), by passing a speaking order

thereupon within three months.

5. In view thereof, without going into the merits of the case,

the petition is disposed of with a direction to second respondent-Director,

Elementary Education, to consider and decide the pending legal notice, dated

04.08.2024, in the light of the judgments mentioned above by passing a

speaking order thereupon, within a period of three months of receiving a

certified copy of this order.

                                                                       (Tribhuvan Dahiya)
                                                                             Judge
                       September 05, 2024
                       avin




                       Whether Speaking/ Reasoned:                         Yes/ No
                       Whether Reportable:                                 Yes/ No