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High Court of Punjab and HaryanaCWP/841/2021disposed of

Dharam Pal And Others v. State Of Punjab And Others

2021-01-14Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.841-2021 DATE OF DECISION : 14.01.2021 Dharam Pal and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Sachin Ohri, Advocate, for the petitioner.

Ms. Sunint Kaur, AAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein is under Article 226 of Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to release the benefits of Assured Career Progression (ACP) Scheme as formulated vide Policy/Circular dated 03.11.2006 (Annexure P-1), including all other consequential benefits along with interest, seeking parity with similarly posted employees in other departments of the State of Punjab, in compliance of the single bench judgment of this court dated 20.05.2013 (Annexure P-3)as upheld vide an intra court appeal division bench judgment dated 19.12.2014. 2.

Learned counsel for the petitioners submits that in an earlier round of litigation instituted by the similarly situated persons, a Coordinate Bench of this Court vide judgment dated 20.05.2013 (Annexure P-3) had allowed their claim. An intra court appeal against the same was dismissed and so was the Special Leave Petition filed by the Apex Court. 3.

Notice of motion.

SHALINI BHATIA 2021.01.14 02:40 I attest to the accuracy and integrity of this document

4.

On advance service of the petition, Ms. Sunint Kaur, AAG, Punjab appears and accepts notice on behalf of the respondent-State. 5.

Having heard the learned counsel for the petitioners as also the learned State counsel, I am of the view that the case of the petitioners is indeed squarely covered by the judgment dated 20.05.2013 (Annexure P-3), as relied by them read with the order dated 19.12.2014 (Annexure P-4). 6.

In the aforesaid premise, the present writ petition is disposed ofin terms of judgment of this Court rendered in CWP-16446-2010 contained at Annexure P-3 as confirmed by the Division Bench and the Apex Court. 7.

Needful benefits be accorded to the petitiners within a period of 3 months from today.

January 14, 2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No