High Court of Punjab and HaryanaCWP/9965/2019disposed of

Salwinder Kaur And ANR v. State Of Punjab And Others

2019-04-12Mr. Justice Harsimran Singh Sethi2 pages

CWP-9965-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-9965-2019 Date of decision: - 12.04.2019 Salwinder Kaur and another ....Petitioners

Versus

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

**** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioners states that due to nonparticipation in the strike on 08.02.1978, petitioners were entitled for the grant of one increment in view of the order passed by this Court in CWP No.19057 of 2001 and other connected cases, decided on 17.01.2002. Counsel for the petitioners further states that petitioners are the similarly situated as other employees, who have been granted the said benefit, but the petitioners have been discriminated for the grant of the same.

Petitioners are unable to satisfy this Court as to why the present petition has been filed in the year 2019 in respect of cause of action which was due in the year 1978 and there is no explanation of the delay in approaching to this Court. Even the judgment, which is being NARESH KUMAR 2019.04.25 15:30 I attest to the accuracy and integrity of this document Chandigarh

CWP-9965-2019 -2relied by the petitioners, is of the year 2002, but the present writ petition has been filed in the year 2019.

Counsel for the petitioners states that the petitioners will be satisfied, in case a time bound direction is issued to the respondents to decide their claim raised in the legal notice dated 16.01.2019 (Annexure P-7) by passing the appropriate orders.

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 16.01.2019 (Annexure P-7), the present writ petition is disposed of with a direction to the respondents to decide the legal notice dated 16.01.2019 (Annexure P-7) by passing a speaking order within a period of three months from the receipt of copy of this order.

In case, it is found that the petitioners are entitled for the said benefit, the arrears, if any, will be from the date of legal notice dated 16.01.2019 (P-7) only.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) April 12, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.04.25 15:30 I attest to the accuracy and integrity of this document Chandigarh