Baljinder Singh And ORS. v. State Of Punjab And Others

CWP No. 3011 of 2023

IN THE HIGH COURT OF PUNJAB & HARYANA,

CHANDIGARH CWP No. 3011 of 2023 Date of decision : February 14, 2023 Baljinder Singh and others ....... Petitioners

Versus

State of Punjab and others ........ Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. Nitesh Singla, Advocate for the petitioner.

*** Pankaj Jain, J (oral).

Present petition has been filed under Article 226 of the Constitution of India praying for issuance of writ in the nature of mandamus in the form of direction to the respondent-authorities to step up pay of the petitioners at par with respondent No.5 and grant all arrears of pay and consequential benefits along with interest @ 12 % per annum.

Learned counsel for the petitioners at the outset confines his prayer for deciding legal notice dated 12.10.2022 (Annexure P-8). He submits that at this stage, petitioners would be satisfied, if the said legal notice served on respondents at the behest of the petitioners is decided by passing a speaking order within a time bound frame.

Notice of motion.

Mr. Rajesh Mehta, Addl. Advocate General, Punjab, who is present in Court is on advance notice on behalf of the respondents. He submits that POOJA SHARMA 2023.02.17 17:20 I attest to the accuracy and integrity of this document

CWP No. 3011 of 2023 respondent No.4/competent authority will look into the matter and will take a decision on the claim raised by the petitioners in the legal notice, in accordance with law.

I have heard learned counsel for the parties and have gone through the record of the case.

Without expressing any opinion on the merits of the case or the claim being made by the petitioners in the present petition, respondent No.4-Competent Authority is directed to consider and decide the claim made in the legal notice dated 12.10.2022 (Annexure P-8)., in the light of the letter dated 22.08.2019 of the Government of Punjab Department of Finance (Annexure P-7) in accordance with law, by passing a speaking order within a period of eight weeks from the date of receipt of certified copy of this order. In case, the petitioners is found entitled, his claim be released within a period of four weeks thereafter. In case, the respondents are of the opinion that the claim of the petitioners merits rejection the same be adjudicated upon by passing a speaking order after giving an opportunity of personal hearing to the petitioners within the time as stipulated hereinabove.

The petition stands disposed off.

February 14, 2023 (PANKAJ JAIN) archana JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No POOJA SHARMA 2023.02.17 17:20 I attest to the accuracy and integrity of this document