Jai Bhagwan And Others v. State Of Haryana And Others

CWP-3126-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3126-2025 Date of Decision: 04.02.2025 Jai Bhagwan and others

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Amit Kumar Saini, Advocate for the petitioners TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed seeking a writ of mandamus directing the respondents to re-fix the petitioners' pension by granting them benefit of annual increment in the last year of retirement. 2.

Learned counsel for the petitioners contends that the petitioners had completed one year satisfactory service prior to their retirement, and became entitled to one annual increment on that basis. The law in this regard stands settled by the Supreme Court in The Director (Admn. and HR) KPTCL and others v. C.P.Mundinamani and others, 2023 SCC Online SC 401. Still, the petitioners' claim has not been considered, nor have their legal notices, dated 10.09.2024, Annexures P-4 and P-5, been decided so far. 3.

Notice of motion.

4.

Mr. Rohit Arya, Deputy Advocate General, Haryana, accepts notice on behalf of the respondents and submits that the pending legal notices, PAYAL 2025.02.04 17:49 I attest to the accuracy and integrity of this document

CWP-3126-2025 -2dated 10.09.2024, will be decided by the concerned respondent no.2 & 3Director, Secondary/Elementary Education, as the case may be, by passing a speaking order thereupon within three months, keeping in view the law laid down in C.P.Mundinamani case (supra), as well as the directions issued by the Supreme Court vide interim order, dated 06.09.2024, passed in SLP (C) No.4722 of 2021, that, 'The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 30.04.2023 will not be paid'. 5.

In view of the statement made, learned counsel for the petitioners has no objection to the petition being disposed of in terms thereof. 6.

Ordered accordingly.

(TRIBHUVAN DAHIYA) JUDGE 04.02.2025 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2025.02.04 17:49 I attest to the accuracy and integrity of this document