High Court of Punjab and HaryanaCWP/3372/2020disposed of

Kapoor Singh v. State Of Punjab And Others

2020-02-07Mr. Justice Harsimran Singh Sethi2 pages

CWP-3372-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-3372-2020 Date of decision: - 07.02.2020 Kapoor Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Gurjinder Singh Chahal, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Petitioner has approached this Court seeking grant of the increment for the service, which he had rendered continuously for a period of one year before he superannuated on 31.12.2018. The claim of the petitioner is that though he had rendered a complete one year service from 01.01.2018 till 31.12.2018, but the benefit of increment for the said service has not been given to him on the ground that the increment was to be given on 01.01.2019 on which date he was not in service and therefore, the benefit of increment cannot be extended to him.

Learned counsel for the petitioner contends that the increment is to be granted for the service rendered for the year, which the petitioner rendered prior to his retirement and hence, denial of increment for which he is entitled for is contrary to the law laid by the judgment of NARESH KUMAR 2020.02.11 16:13 I attest to the accuracy and integrity of this document Chandigarh

CWP-3372-2020 -2Madras High Court in case W.P. No.15732 of 2017 titled as 'P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others', decided on 15.09.2017, which has been upheld by the Hon'ble Supreme Court of India.

Learned counsel for the petitioner further states that for the relief, which has been claimed in the present writ petition, petitioner has submitted a representation dated 01.05.2019 (Annexure P-3) with the respondents, which is still pending consideration and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide his claim as raised in the representation dated 01.05.2019 (Annexure P-3).

Without commenting upon the merits of the case or about the entitlement of the petitioner for the relief which has been claimed by him in the representation dated 01.05.2019 (Annexure P-3), the present writ petition is disposed of with a direction to the respondents to decide the representation dated 01.05.2019 (Annexure P-3) within a period of three months from the receipt of copy of this order. In case, it is found that the petitioner is entitled for any monetary benefits after the decision of the representation, the same should also be paid to him within three months thereafter. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) February 07, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2020.02.11 16:13 I attest to the accuracy and integrity of this document Chandigarh