Manmohan Singh v. State Of Haryana And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.104 Date of Decision: 18th March, 2021.

Manmohan Singh

...Petitioner

Versus

State of Haryana & Anr.

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Rajesh Lamba Advocate, for the petitioner.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of the instant petition, the petitioner has approached this Court for seeking the relief of issuance of a writ in the nature of certiorari quashing the order dated 30.04.2015 (Annexure P-4) to the extent of denial of the benefit of pay and allowances to him from the date of his dismissal till his reinstatement and also the letter dated 23.06.2017 (Annexure P-7) whereby his representation (Annexure P-6) has been filed and he has made a further prayer for issuance of a writ in the nature of mandamus directing the respondents to look into and decide the legal notice dated 18.03.2020 (Annexure P-8) as served by him to them and also to direct them to pay the afore-claimed benefits to him along-with interest thereon, at the rate of 12% per annum, while averring that though after his acquittal in the criminal case vide the judgment as passed by this

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Court in CRA-S No.687-SB of 2006, the respondents had reinstated him in the service but they have not paid the salary and allowances to him for the afore-said period despite the fact that he has already served the said legal notice to them in this regard.

Mr. S.S.Pannu, DAG, Haryana, has joined the proceedings on behalf of both the respondents in this case, in pursuance of the copies of this petition having been sent to the respondent-State in advance. Heard.

Learned counsel for the petitioner submits that the petitioner would be satisfied in case a direction is issued to respondent No.2 to consider and deal with/decide his said legal notice (Annexure P-8) within some specific time frame.

Learned State counsel has no objection for the same. Keeping in view the afore-discussed limited prayer of learned counsel for the petitioner and without commenting upon the merits of the matter in hand, the present writ petition is hereby disposed of with a direction to respondent No.2-Additional Chief Secretary and Financial Commissioner, Haryana, to look into the said legal notice of the petitioner (Annexure P-8) and to decide/deal with the same in accordance with law/ relevant Rules/Policy, by passing a speaking order thereon, within a period of three months from the date of receipt of the certified copy of this order.

It is also clarified that if required or requested by the petitioner, respondent No.2 may also afford an opportunity of being

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personally heard to him (petitioner) for the above-said purpose. This petition stands disposed of accordingly. (MEENAKSHI I. MEHTA) JUDGE 18.03.2021.

seema Whether speaking/reasoned?

Yes/No Whether Reportable?

Yes/No