Raj Kumar Sethi v. State Of Punjab And Others

2024:PHHC:021893

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-3309-2024 Date of decision: 15.02.2024 Raj Kumar Sethi ....Petitioner

Versus

State of Punjab and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Rakesh Sobti, Advocate for the petitioner. ***** AMAN CHAUDHARY. J.

1.

The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus, directing the respondents to grant the pay scale of Rs.1350-2400 w.e.f. 25.02.1991 to the petitioner.

2.

Learned counsel would submits that the issue involved in the present petition as regards non-grant of pay scale of Rs.1350-2400 w.e.f. 25.02.1991 or from the respective date of joining has been denied to the petitioner, as has been granted to the senior Patwaris by splitting them as seniors and juniors . The said Notification dated 25.02.1991 creating this distinction has since been quashed by this Court vide judgment dated 04.08.2023, Annexure P-6, based on which another CWP-20192-2023 was allowed on 09.11.2023, Annexure P-7. In this regard, a representation dated 10.01.2024, Annexure P-8, has been submitted by him, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting him an opportunity of hearing. HAMANT 2024.02.16 19:06 I attest to the accuracy and authenticity of this order/judgment

CWP-3309-2024 2024:PHHC:021893 -2- 3.

Notice of motion.

4.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG, 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 to respondents to consider the representation dated 10.01.2024, Annexure P-8 and decide the same by taking note of the aforesaid judgment referred, by the petitioner , within a period of 06 weeks and if found entitled, necessary benefit be granted to him forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioner therewith. (AMAN CHAUDHARY) JUDGE 15.02.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.02.16 19:06 I attest to the accuracy and authenticity of this order/judgment