High Court of Punjab and HaryanaCWP/6847/2019disposed of

Brahm Prakash Deswal And Another v. State Of Haryana And Others

2019-03-13Mr. Justice Harsimran Singh Sethi2 pages

CWP-6847-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6847-2019 Date of decision: - 13.03.2019 Brahm Prakash Deswal and another ....Petitioners

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Rajinder Singh Malik, Advocate, for the petitioners. **** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioners states that similarly situated persons, from whom also, the benefit for one increment was withdrawn w.e.f. 01.09.2009 and recovery was effected, their cases have been allowed by this Court while deciding CWP No.3922 of 2011 titled as 'Narender Pal Singh Arya and another Vs. State of Haryana and others', decided on 03.10.2016 alongwith other connected cases. Counsel for the petitioners states that after the said judgment had attained finality, instructions were issued by the Government of Haryana on 15.03.

2018 (Annexure P-6), but the benefit has only been restricted to the petitioners, who had approached this Court. Counsel for the petitioners states that once the notification dated 09.04.2010 (Annexure P-4) has been set aside, therefore, the recovery done from the petitioners becomes illegal and he is also entitled for the same benefit, as extended to the petitioners in CWP No.3922 of NARESH KUMAR 2019.03.

CWP-6847-2019 -22011 alongwith other connected cases, decided on 03.10.2016. Before approaching this Court, the petitioners have not approached the respondents for the grievance, which has been raised by them in the present writ petition.

Counsel for the petitioners states that the petitioners will file representation with the respondents claiming the relief as noticed above and prays that the respondents be directed to decide the said representation in a time bound manner.

In view of the above request, the present writ petition is disposed of with the direction to the petitioners to file a representation in respect of the claim made in the present writ petition with the respondents within a period of four weeks from today. In case any representation is filed by the petitioners, the same shall be decided by the respondents expeditiously in view of the law laid down by this Court as noticed above by passing a speaking order. Further, in case the petitioners are found entitled for the relief, the same shall also be extended to them as well. It is made clear that this Court does not express any opinion on the merits of the case and the claim being made in the present writ petition or the representation to be filed by the petitioners before the respondents.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) March 13, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.03.20 10:13 I attest to the accuracy and integrity of this document Chandigarh