Rakesh Dadhwal And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-340-2022 Date of decision : January 10, 2022 Rakesh Dadhwal and others .....Petitioners

Versus

State of Haryana and others ....Respondents CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present:

Mr. Rakesh Nagpal, Advocate for the petitioners. Ms. Kirti Singh, DAG, Haryana.

*** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19. It is submitted that petitioners, who were serving as Lecturers, were awarded additional increments prior to 01.01.2016. Said increments have been incorrectly withdrawn. Learned counsel refers to clarification dated 05.09.2019 issued by the Principal Secretary to Government of Haryana, Technical Education Haryana to the Director General, Technical Education, Haryana wherein it is clearly advised that incumbents who were drawing additional increment prior to 01.01.2016 shall continue to draw the same till further orders and furthermore those who have been allowed additional increments after 01.01.2016 and were not entitled prior to 01.01.2016, only in such cases recovery be effected after adopting due procedure. Learned counsel submits that in this respect legal notice dated 07.11.2021 was also served upon the respondents but to no avail.

RITU SHARMA 2022.01.12 16:21 I attest to the accuracy and integrity of this document

CWP-340-2022 -2At this stage, learned counsel for the petitioners restricts the prayer for a decision on legal notice dated 07.11.2021 (Annexure P 8), submitted by the petitioners, in a time bound manner.

Notice of motion.

Ms. Kirti Singh, DAG, Haryana accepts notice on behalf of the respondents. Advance copy of writ petition stands supplied. Learned counsel for the respondents does not raise serious objection to the restricted prayer addressed.

Keeping in view the limited prayer addressed, facts and circumstances of the case but without expressing any opinion on the merits thereof, this writ petition is disposed of with a direction to the competent authority, to decide legal notice dated 07.11.2021 (Annexure P8), expeditiously by passing a speaking order. However, keeping in view the situation arising due to the sudden surge in cases of COVID-19, a period of six months from the date of receipt of certified copy of this order is afforded to the competent authority to decide legal notice dated 07.11.2021.

(LISA GILL) January 10, 2022 JUDGE rts Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITU SHARMA 2022.01.12 16:21 I attest to the accuracy and integrity of this document