High Court of Punjab and HaryanaCWP/2881/2025disposed of

Sunil Kumar v. State Of Haryana Through Its Secretary To Govt Of Haryana

2025-02-03Mr. Justice Vinod S. Bhardwaj2 pages

CWP No.2881-2025 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.2881-2025 Date of decision: 03.02.2025 Sunil Kumar and Ors.

......Petitioners

Versus

State of Haryana and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present:

Mr. Jangjit Singh Dahiya, Advocate with Mr. Phool Kumar, Advocate for the petitioners. VINOD S. BHARDWAJ , J (ORAL) Challenge in the present petition is to the action vide which the respondents have not granted the benefit of 1st ACP to the petitioners from the date of actual entitlement despite the said relief having already been granted to similarly situated persons of the same department. After arguing at some length, learned counsel for the petitioners submits that with regard to his grievance, the petitioners have got served legal notice dated 26.10.2024 (Annexure P-9) but the respondents have not taken any action upon the same. He, however, contends that he would be satisfied at this stage, in case respondent No.3-Dy. Commissioner Bhiwani is directed to consider and decide the legal notice dated 26.10.2024 (Annexure P-9) served by the petitioners, by passing a speaking order in a time bound manner. Notice of motion.

Ms. Tanisha Peshawaria, DAG, Haryana accepts notice on behalf of the respondents and does not have any objection to the request made by learned counsel for the petitioners.

MANOJ KUMAR 2025.02.05 00:21 I attest to the accuracy and authenticity of this order

CWP No.2881-2025 #2# Accordingly, in view of the above; with the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of while directing respondent No.3 to consider and decide the legal notice dated 26.10.2024 (Annexure P-9) by passing a reasoned and speaking order after affording an opportunity of hearing to the respective parties within a period of four months of the receipt of certified copy of this order. Needless to mention that upon considering the said legal notice dated 26.10.2024 (Annexure P-9), if the petitioners are found eligible, the requisite benefit, as admissible, shall be granted to them within a further period of two months, failing which, the petitioners shall be entitled to interest @ 6% per annum and the respondents shall be liable to pay Rs.50,000/- as costs to be deposited with the Poor Patients Welfare Fund, PGIMER, Chandigarh. Petition stands disposed of accordingly.

February 03, 2025 (VINOD S BHARDWAJ) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2025.02.05 00:21 I attest to the accuracy and authenticity of this order