Gaurav Aggarwal v. State Of Punjab And Others

2024:PHHC:031087

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-2197-2024 (O&M) Date of decision: 05.03.2024 Gaurav Aggarwal and others ..Petitioners

Versus

State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Harkirat S. Sandhu, Advocate for the petitioners. *** AMAN CHAUDHARY, J 1.

The prayer in the present Civil Writ Petition filed under Article 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus directing the respondents to pay amount of fixed travelling allowance to the petitioners.

2.

Learned counsel would contend that in terms of Clause D of the appointment letter (Annexure P1), the petitioners were entitled to fixed travelling allowance, which was paid to some of the petitioners. A reference in this regard is made to salary statements (Annexures P3 to P6) as also to a letter dated 24.10.2019 (Annexure P2), however, the same has not been paid to the petitioner, during different periods of time, as a pick and chose policy is adopted. He prays that liberty be granted to the petitioners to bring to the notice of the authorities all these facts supported by documents to substantiate them, for which he would submit a representation within 4 weeks, which may be decided in a time bound manner by granting them an opportunity of hearing. 3.

Notice of motion.

ASHOK KUMAR 2024.03.06 10:51 I attest to the accuracy and integrity of this document

CWP-2197-2024 (O&M) -24.

At the asking of the Court, Mr. Gagneshwar Walia, Addl. AG, Punjab, accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction that in case the petitioners submit a representation within a period of 4 weeks, the same shall be decided by the respondents taking into account the pleas of the petitioners raised therein, expeditiously and if found entitled, necessary benefit be granted to them forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating them therewith.

( AMAN CHAUDHARY ) 05.03.2024 JUDGE ashok Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2024.03.06 10:51 I attest to the accuracy and integrity of this document