Abhinav Kumar v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH .....

Date of decision:09th April, 2021 Abhinav Kumar .....Petitioner

Versus

State of Punjab and others .....Respondents .....

CORAM:

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA .....

(Heard through Video-Conferencing) .....

Present:

Mr. Pankaj Garg, Advocate for the petitioner. .....

MEENAKSHI I. MEHTA, J. (ORAL):

By way of the instant petition, the petitioner has sought the indulgence of this Court for the issuance of a writ in the nature of mandamus directing the respondents to release his salary for the period from November 2020 till date, along-with interest thereon @12% per-annum and also to pay him the compensation on account of causing unwarranted harassment to him without there being any fault on his part, while averring that his salary for the afore-mentioned period has wrongly been with-held by the respondents and though, he moved representations dated 22.01.2021 and 25.02.2021 (Annexures P-2 and P-3 respectively) to respondent No.5 in this regard but in vain.

Mrs. Anju Sharma Kaushik, learned Deputy Advocate General, Punjab, has joined the proceedings in this case, in pursuance of the copies

[2] of this petition having been sent to the respondent-State in advance. Heard.

Learned counsel for the petitioner submits that the petitioner would be satisfied in case a direction is issued to respondent No.5, to consider and decide his representation dated 25.02.2021 (Annexure P-3) within some specific time frame.

Learned State counsel has no objection for the same. Keeping in view the above-discussed limited prayer of learned counsel for the petitioner and without commenting upon the merits of the matter in hand, the instant writ petition is hereby disposed of with a direction to respondent No.5-Civil Surgeon, Sri Muktsar Sahib, to consider and decide the above-said representation of the petitioner (Annexure P-3), in accordance with law/relevant rules, by passing a speaking order thereon, within a period of three weeks from the date of receipt of the certified copy of this order.

It is further directed that in case the petitioner is found to be entitled to get the salary for the afore-mentioned period consequent upon the decision on his said representation, the same shall be released to him within a period of two weeks thereafter.

April 09, 2021.

(MEENAKSHI I. MEHTA) JUDGE *hsp* NOTE:

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No

[3]