Jai Parkash And Others vs State Of Haryana And Others
2024 Latest Caselaw 18017 P&H

Punjab-Haryana High Court

Jai Parkash And Others vs State Of Haryana And Others on 26 September, 2024

                           CWP-24889-2024                                                               1




                                      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                     CHANDIGARH


                           Sr. No.133                                     CWP-24889-2024
                                                                          Date of Decision: 26.09.2024


                           Jai Parkash and others                                           .... Petitioners
                                                                 Versus

                           State of Haryana and others                                   ... Respondents


                           CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

                           Present:      Mr. Vikram Sheoran, Advocate for the petitioners
                                               ***

                           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 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.P.Mundinamani and others, 2023 SCC Online SC

401. Still, the petitioners' claim has not been considered, nor has their legal

notice, dated 12.06.2024, Annexure P-1, been decided so far.

3. Notice of motion.

4. Ms. Tanushree Gupta, DAG, Haryana, accepts notice on behalf

of the respondents and submits that the pending legal notice, dated

12.06.2024, will be decided by respondent no.4-Director Education

Department, by passing a speaking order thereupon within three months,

keeping in view the law laid down in C.P.Mundinamani case (supra), as well

authenticity of this order/judgment

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 DAHIYA)
                                                                                 JUDGE

                           26.09.2024
                           Payal


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







authenticity of this order/judgment