Om Prakash v. State Of Haryana And Others

2024:PHHC:000994 CWP-117-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-117-2024 Date of Decision: 08.01.2024 Om Prakash

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Mukesh Yadav, Advocate for the petitioner Ms. Tanushree Gupta, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to decide/consider the representation dated 14.10.2023, Annexure P-2. Further, a writ of mandamus has been sought directing the respondents to fix the pension, release pensionary benefits, amount of gratuity and all retiral benefits along with interest at the rate of eighteen per cent per annum after considering whole service period of the petitioner.

2.

Learned counsel for the petitioner submits that grievance raised herein is pending for appropriate decision before the respondents. At this stage, the petitioner will be satisfied in case respondent No.2 is directed to decide the pending legal notice, dated 14.10.2023, Annexure P-2, in a specified period.

PAYAL 2024.01.09 16:53 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:000994 CWP-117-2024 -23.

Notice of motion.

4.

Ms. Tanushree Gupta, DAG, Haryana, appearing on advance notice, submits that the pending legal notice shall be decided by respondent No.2 expeditiously.

5.

In view thereof, without going into merits of the case, the petition is disposed of with a direction to respondent No.2/Director, Directorate of School Education, to consider and decide the pending legal notice dated 14.10.2023, by passing a speaking order, keeping in view the law laid down in Kanta Devi v. State of Haryana and others; CWP-5223-2018 passed by this Court on 29.11.2022, within a period of two months from the date of receiving a certified copy of this order. 6.

In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹25,000 to the petitioner. (TRIBHUVAN DAHIYA) JUDGE 08.01.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.01.09 16:53 I attest to the accuracy and authenticity of this order/judgment