High Court of Punjab and HaryanaCWP/9524/2019disposed of

Promila Kumari v. The State Of Punjab And Others

2019-04-09Mr. Justice Harsimran Singh Sethi2 pages

CWP-9524-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-9524-2019 Date of decision: - 09.04.2019 Promila Kumari ....Petitioner

Versus

The State of Punjab and others ....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Vikram Bali, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) The grievance which is being raised in the present petition is that as per the instructions issued by the Government of Punjab dated 01.09.1960, the petitioner, who was a post graduate at that relevant time, was entitled for the grant of three increments. Nothing has been shown as to why the petitioner has agitated this claim after a period of approximately ten years of her retirement. During her service career, no claim was made in this regard though cause of action accrued to the petitioner in the year 1977 i.e. when she had done her post graduation. Counsel for the petitioner states that for the relief, which has been sought in the present writ petition, the petitioner has served the respondents with a legal notice on 12.02.2019 (Annexure P-7), which is NARESH KUMAR 2019.04.12 14:54 I attest to the accuracy and integrity of this document Chandigarh

CWP-9524-2019 -2still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 12.02.2019 (Annexure P-7) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to her within a period of next three months.

Further, it is made clear that in case the petitioner is found entitled for relief, the arrears, if any, shall be paid to her only from the date of filing of the present writ petition.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) April 09, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.04.12 14:54 I attest to the accuracy and integrity of this document Chandigarh