High Court of Punjab and HaryanaCWP/4747/2019disposed of

Ram Niwas v. State Of Haryana And Others

2023-12-05Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-4747-2019 (O&M) Decided on : 05.12.2023 Ram Niwas . . .Petitioner

Versus

State of Haryana and others . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Ankur Goyat, Advocate for Mr. Ramesh Goyat, Advocate for the petitioner. Mr. Tapan Kumar Yadav, DAG, Haryana.

**** HARSIMRAN SINGH SETHI , J. (Oral) 1.

In the present petition, the claim of the petitioner is that the petitioner be granted the regular pay-scale as being granted to the other similarly situated regular employees by the respondents-department keeping in view the judgment of this Court passed in CWP No. 22516 of 2012 titled as 'Mohinder Singh and others v. State of Haryana and others', decided on 01.04.2013, which judgment has already attained finality before the Hon'ble Supreme Court of India keeping in view the order passed in Civil Appeals No. 7391-7395 of 2013 titled as 'State of Haryana and others v. Mohinder Singh and others', decided on 31.01.2017. 2.

Learned counsel for the petitioners further submits that though notice of motion was issued by the Co-ordinate Bench of this Court but no reply has been filed by the respondents so far despite the fact that more than four years have elapsed and the pendency of the present petition is causing prejudice to the petitioner hence, the petitioner will be satisfied, at this stage, in case a direction is issued to the respondents to decide the legal notice of the petitioner dated 30.11.2018 (Annexure P-10) by passing an appropriate speaking order in a time bound manner.

RIYA 2023.12.06 16:13 I attest to the accuracy and integrity of this document

CWP-4747-2019 (O&M) -22023:PHHC: 154967 3.

Learned counsel for respondent-State and submits that in case, the legal notice dated 30.11.2018 (Annexure P-10) has been received in the office of the concerned authorities and the same is still pending consideration with the authorities concerned, the same will be decided by the competent authority within a period of eight weeks of the receipt of certified copy of this order by passing an appropriate speaking order and in case, after the decision, the petitioner is found entitled for any benefit, the same will be extended to him within a further period of four weeks. 4.

Learned counsel for the petitioner submits that keeping in view the statement of learned State counsel, the present petition may kindly be disposed of having been not pressed any further. 5.

Ordered accordingly.

(HARSIMRAN SINGH SETHI) JUDGE 05.12.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.12.06 16:13 I attest to the accuracy and integrity of this document