Rajan Dev v. State Of Haryana And Others

125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3375-2022 Date of Decision:22.02.2022 RAJAN DEV

...Petitioner

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Sardavinder Goyal, Advocate for the petitioner.

Mr. Sharan Sethi, Addl. A.G., Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to release the benefits of 1st and 2nd ACP to him from the due date of such ACPs along with arrears and interest thereon.

2.

Learned counsel for the petitioner submits that the petitioner was appointed on the regular post of VLDA (Veterinary Livestock and Development Assistant) in the Department of Animal Husbandry on 07.06.2001. He further submits that the 1st ACP and 2nd ACP of the petitioner, which became due after completion of 10 and 16 years of service, respectively have not been released to him as per Haryana Civil Service Rules, 2016. Qua his aforesaid grievance, petitioner submitted a representation dated 09.03.2021 to respondent No.3, which was further forwarded to respondent No.2 seeking guidance about entitlement of petitioner for grant of such benefits but no response was received by respondent No.3 from respondent No.2. Thereafter, the petitioner submitted a representation dated 29.09.2021(Annexure P-12) and a letter dated 12.11.2021 (Annexure P-13), but to no avail. Hence, the instant petition. 3.

Learned State counsel, on advance service, joins proceedings and states that competent authority shall take appropriate decision on the pending representation dated 29.09.2021 (Annexure P-12). GURPREET KAUR 2022.02.23 09:42 I attest to the accuracy and integrity of this document

4.

At this stage, learned counsel for the petitioner also agrees that let a final decision is taken, either way, by the competent authority on the pending representation dated 29.09.2021 (Annexure P-12), giving reasons thereof.

5.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

6.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner as per representation dated 29.09.2021 (Annexure P-12) and keeping in view the contention raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

7.

Let the needful be done within a period of three months from today.

8.

Disposed of accordingly.

(ARUN MONGA) JUDGE 22.02.2022 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.02.23 09:42 I attest to the accuracy and integrity of this document