High Court of Punjab and HaryanaCWP/3301/2019disposed of

Dhani Ram Son Of Shri Chitru v. Haryana Power Generation Corporation Ltd. And Others

2019-02-06Mr. Justice Harsimran Singh Sethi2 pages

CWP-3301-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-3301-2019 Date of decision: - 06.02.2019 Dhani Ram ....Petitioner

Versus

Haryana Power Generation Corporation Ltd. and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Jaspal Singh Maanipur, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner states that by order dated 17.10.2017 (Annexure P-1), the petitioner was given promotion as a Turbine Operator with retrospective effect from 28.10.1986 i.e. the date from which the benefits were granted to his immediate junior, namely, Sh.Kanshi Ram.

Counsel for the petitioner states that once the said benefits have been extended/granted, the petitioner is also entitled for the ACP as given to Sh.Kanshi Ram, vide order dated 13.02.2007 (Annexure P-2) w.e.f. 01.11.2006.

Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served the respondents with a legal notice on 05.10.2018 (Annexure P-5), NARESH KUMAR 2019.02.20 11:07 I attest to the accuracy and integrity of this document Chandigarh

CWP-3301-2019 -2which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice. In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 05.10.2018 (Annexure P-5) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of next three months.

However, it is made clear that only the notional benefits shall be granted to the petitioner and the arrears shall be restricted to 38 months prior to the filing of the present writ petition. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) February 06, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.02.20 11:07 I attest to the accuracy and integrity of this document Chandigarh