Nityanand Yadav v. State Of Haryana And Others

2024:PHHC:028438 CWP-1835-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1835-2024 Date of Decision: 29.02.2024 Nityanand Yadav

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Umesh Narang, Advocate for the petitioner Mr. Sanjeev Kaushik, Addl. AG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed seeking a writ of mandamus directing the respondents to release the benefit of additional increment on completion of ten/twenty years of service by counting adhoc service and to release the amount of recovery of ₹20,599 withheld from gratuity as per judgment dated 04.07.2008 passed in CWP-7862-2006 titled Hanumant Singh and others v. State of Haryana and others, Annexure P-6, with all consequential benefits. 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 08.04.2023, Annexure P-11, in a specified period.

PAYAL 2024.03.05 11:55 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:028438 CWP-1835-2024 -23.

Notice of motion.

4.

Mr. Sanjeev Kaushik, Addl. AG, Haryana, accepts notice and 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/Commissioner and Director General, School Education, Haryana, to consider and decide the pending legal notice dated 08.04.2023, by passing a speaking order in accordance with law, within a period of three 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 29.02.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.03.05 11:55 I attest to the accuracy and authenticity of this order/judgment