High Court of Punjab and HaryanaCWP/9539/2019disposed of

Nathiya Devi v. State Of Haryana And Others

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

CWP-9539-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-9539-2019 Date of decision: - 09.04.2019 Nathiya Devi ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Arvind Kashyap, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance which is being raised by the petitioner is that the employees, who have passed ITI prior to 01.05.1990, have been given the technical scale, but the said benefit is not extended to the husband of the petitioner, who was ITI diploma holder and he had earned such qualification prior to 01.05.1990. Counsel for the petitioner states that though the Government of Haryana had clarified that the said benefit is to be granted notionally to all ITI disploma holders, but unfortunately husband of the petitioner died and could not agitate the grant of the said benefit. Counsel for the petitioner further states that the employees, who are similarly situated as husband of the petitioner, have already been granted the said benefit and the petitioner is suffering a continous financial loss due to non-grant of the said benefit. NARESH KUMAR 2019.04.12 14:54 I attest to the accuracy and integrity of this document Chandigarh

CWP-9539-2019 -2Counsel for the petitioner further 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 18.12.2018 (Annexure P-9), which is still 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 18.12.2018 (Annexure P-9) 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.

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