High Court of Punjab and HaryanaCWP/6985/2019disposed of

M.S. Jain And Others v. State Of Haryana And Others

2019-03-14Mr. Justice Harsimran Singh Sethi2 pages

CWP-6985-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6985-2019 Date of decision: - 14.03.2019 M.S. Jain and others

...Petitioners

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. S.K. Malik, Advocate for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Petitioners have approached this Court seeking grant of the increment for the service which they have rendered continuously for a period of one year before they superannuated on 30.06.2008, 30.06.2012 and 30.06.2011 respectively, as the case may be. Counsel for the petitioners states that benefit of the increment has not been allowed on the ground that the increment was to be granted on 01.07.2008, 01.07.2012 and 01.07.2011 respectively, whereas the petitioners retired 30.06.2008, 30.06.2012 and 30.06.2011 respectively and therefore, as the petitioners were not in service on that relevant dates, they are not entitled for the benefit of increment. Counsel for the petitioners contends that the increment is to be granted for the service rendered for the year which the petitioners rendered prior to the retirement and hence, denial of increment for which NARESH KUMAR 2019.03.25 13:16 I attest to the accuracy and integrity of this document Chandigarh

CWP-6985-2019 -2they are entitled for is contrary to the law laid by the judgment of Madras High Court attached as Annexure P-3 which has been upheld by the Hon'ble Supreme Court of India.

Counsel for the petitioners further states that the petitioners will be satisfied, in case a time bound direction is given to the respondents to decide their claim raised in the legal notice dated 25.11.2018 (Annexure P-2).

Without commenting upon the merits of the case or about the entitlement of the petitioners for the relief which has been claimed by them in the legal notice dated 25.11.2018 (Annexure P-2), the present writ petition is disposed of with a direction to the respondents to decide the legal notice dated 25.11.2018 (Annexure P-2) within a period of three months from the receipt of copy of this order. In case, it is found that the petitioners are entitled to the monetary benefits after the decision of the legal notice, the same should also be paid to the petitioners within three months thereafter. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) March 14, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.03.25 13:16 I attest to the accuracy and integrity of this document Chandigarh