Om Kumar Dalal v. Dakshin Haryana Bijli Vitran Nigam And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-4164-2021 (O&M) Date of decision : 23.02.2021 Om Kumar Dalal ... Petitioner(s)

Versus

Dakshin Haryana Bijli Vitran Nigam and others ... Respondent(s)

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. A.K. Virdi, Advocate for the petitioner.

**** ALKA SARIN, J. (ORAL) Heard through physical hearing.

This is a Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to grant the pay/salary of the post of AE/SDO to the petitioner along with consequential benefits arising out of correct fixation of pay/salary from 12.02.2014 to 31.12.2018. Learned counsel for the petitioner would contend that in this regard a representation dated 24.01.2020 (Annexure P-5) has been sent to respondent No.2. In the said representation (Annexure P-5), three prayers were made, two have already been acceded to, however, third prayer qua the benefits of pay/salary of the post of SDO/AE for the period from 17.02.2014 to 31.12.2018 has not been considered till date. Learned counsel for the petitioner would further contend that, at this stage, he would be satisfied if a direction is issued to respondent No.2 to decide his third prayer mentioned in his representation dated 24.01.2020 (Annexure P-5) qua the benefits YOGESH SHARMA 2021.02.23 21:29 I attest to the accuracy and integrity of this document

CWP-4164-2021 (O&M) -2of pay/salary, in the light of the orders dated 29.07.2017 and 12.10.2018 (Annexures P-2 and P-3) passed in similar cases. Notice of motion.

On the asking of the Court, Mr. Rajesh Gaur, Addl. A.G., Haryana accepts notice on behalf of the respondents. Heard learned counsel for the parties.

In view of the limited prayer made by learned counsel for the petitioner, without commenting upon the merits of the case, the present writ petition is disposed off with a direction to respondent No.2 to take a decision on the third prayer as stated in the representation dated 24.01.2020 (Annexure P-5) qua the benefits of pay/salary, in the light of the orders dated 29.07.2017 and 12.10.2018 (Annexures P-2 and P-3) passed in similar cases, in accordance with law expeditiously, preferably within a period of three months from the date of receipt of certified copy of this order. Disposed off.

( ALKA SARIN ) JUDGE 23.02.2021 Yogesh Sharma NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2021.02.23 21:29 I attest to the accuracy and integrity of this document