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High Court of Punjab and HaryanaCWP/17445/1998disposed of

Diwan Singh v. State Of Punjab And Others

2024-04-03Mr. Justice Jagmohan Bansal2 pages

CWP-17445-1998 (O&M) 2024:PHHC:044429 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-17445-1998 (O&M) Date of Decision : 03.04.2024 DIWAN SINGH ... PETITIONER

Versus

STATE OF PUNJAB AND OTHERS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. R.S.Chauhan, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab.

*** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of : i) Order dated 16.03.1998 whereby he was granted extension of one year instead of 03 years;

ii) Order dated 04.05.1998 (Annexure P-6) whereby annual increment has been granted w.e.f. 27.01.1998 instead of 01.01.1998;

iii) Order dated 04.05.1998 (Annexure P-7) whereby period w.e.f 20.11.1997 to 26.01.1998 has been treated as earned leave; iv) Order dated 16.06.1998 (Annexure P-8) whereby adverse remarks were recorded in his Annual Confidential Report for the year 1997-98.

Anju Goel 2024.04.03 17:11 I attest to the accuracy and integrity of this document Chandigarh

CWP-17445-1998 (O&M) 2024:PHHC:044429  2.

As per reply, service tenure of the petitioner was extended till the age of 57 years vide order dated 29.10.1998. The period w.e.f. 20.11.1997 to 26.01.1998 has been treated as on duty period vide order dated 19.11.1998. The representation against adverse remarks in the ACR of 1997-98 has been rejected vide order dated 12.02.1999. The petitioner has not challenged said order. 3.

Faced with this, Mr. R.S.Chauhan, Advocate submits that respondents may be directed to fix pay of the petitioner as per aforesaid order. 4.

Mr. Aman Dhir, DAG, Punjab, submits that if petitioner submits representation with supporting documents in view of changed circumstances, his pay would be re-fixed, in accordance with law. 5.

In the wake of statement of counsel for the parties, the present petition stands disposed of.

6.

Pending miscellaneous application, if any, shall also stand disposed of.

(JAGMOHAN BANSAL) JUDGE 03.04.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No  Anju Goel 2024.04.03 17:11 I attest to the accuracy and integrity of this document Chandigarh