Kesari Nandan And Others v. State Of Haryana And Others

2024:PHHC:031220 CWP-4156-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-4156-2024 Date of Decision: 05.03.2024 Kesari Nandan and others

...Petitioners(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Anil Kumar Sharma, Advocate with Mr. Nishant Sharma, Advocate for the petitioners Mr. Sanjeev Kaushik, Addl. AG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to give the benefit of additional ten per cent of the basic pay plus dearness allowance as per Teachers Transfer Policy, 2023, as amended from time to time.

2.

The petitioners belong to rest of Haryana Cadre and were posted in Mewat (Nuh) District pursuant to the aforementioned transfer policy. 3.

Learned State counsel, appearing on advance notice, is not in a position to dispute that under the said transfer policy, the petitioners are entitled to benefit of additional ten per cent basic pay with dearness allowance. He submits that the same shall be released expeditiously. PAYAL 2024.03.07 18:12 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:031220 CWP-4156-2024 -24.

In view of the statement made, third respondent/Director General, Department of Secondary Education, Haryana, is directed to take appropriate decision to release the claimed benefit to the petitioners (except petitioners no.5, 12 and 17) after verifying facts regarding their posting, within a period of four weeks from the date of receiving a certified copy of this order.

5.

Since petitioners no.5, 12 and 17 are working in Elementary Education Department, Haryana, appropriate decision to release the claimed benefits after verifying facts regarding their posting, shall be taken by the fourth respondent/Director General, Department of Elementary Education, Haryana, within a period of four weeks from the date of receiving a certified copy of this order.

6.

Disposed of accordingly.

(TRIBHUVAN DAHIYA) JUDGE 05.03.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.03.07 18:12 I attest to the accuracy and authenticity of this order/judgment