Parshotam Lal v. State Of Punjab Through

  


       

  
   
  

 
 

  

  State Of Punjab And Ors.

  






 
 



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 "#$%& 1.

The present petition has been filed under Articles 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ, order or direction, especially in the nature of mandamus, directing the respondents to grant annual increments to the petitioner w.e.f. the due date along with all consequential benefits, including re-fixation of pay and arrears thereof, as the petitioner has already qualified/passed the requisite type test in the month of September, 2022, and is thus legally entitled to such benefits, which cannot be denied in violation of Articles 14 and 16 of the Constitution of India. It is

further prayed that the respondents be directed to release the arrears of pay along with interest @ 12% per annum from the date the same became due till its actual realization.

2.

Learned counsel for the petitioner, inter alia, contends that the petitioner qualified the departmental test in September, 2022, and the competent authority passed a resolution approving the grant of annual increment to the petitioner in its meeting held on 18.08.2025 (Annexure P-3). Despite the said approval, the benefit of annual increment has not been granted to the petitioner till date. At this stage, learned counsel for the petitioner has limited his prayer to the extent that the present petition be treated as a comprehensive representation and the same be decided in a time-bound manner by passing a speaking order after affording an opportunity of hearing to the petitioner.

3.

Notice of motion.

4.

At this stage, Mr. Vikas Sonak, AAG, Punjab waives service of notice on behalf of respondents No.1 and 2 and Mr. Shiv C. Bhola, Advocate, who has appeared through hybrid mode has filed memorandum of appearance on behalf of respondent No.3 which is taken on record. Registry is directed to place the same at appropriate place. They have no objection to the prayer made by learned counsel for the petitioner.

5.

Therefore, in view of the submissions made by learned counsel for the petitioner, the present writ petition is disposed of and the respondent No.3/competent authority is directed to treat the writ petition as representation

 and consider the claim of the petitioner and pass a speaking order, after affording him an opportunity to be heard, within a period of 08 weeks from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner found entitled to the relief sought, the same shall be granted forthwith by the respondents.

6.

Pending miscellaneous application(s), if any, shall also stands disposed of.

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