High Court of Punjab and HaryanaCWP/10205/2023disposed of

Jaswinder Kaur And Others v. State Of Punjab And Others

2023-05-11Mr. Justice Pankaj Jain2 pages

CWP No. 10205 of 2023

IN THE HIGH COURT OF PUNJAB & HARYANA,

CHANDIGARH CWP No. 10205 of 2023 Date of decision : May 11, 2023 Jaswinder Kaur and others ....... Petitioners

Versus

State of Punjab and others ........ Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. Dixit Garg, Advocate for the petitioners.

*** Pankaj Jain, J (oral).

1. Present petition has been filed under Article 226 of the Constitution of India praying for issuance of writ in the nature of mandamus in the form of direction to the respondent-authorities to release the revised pay arrears of the 6 th `Pay commission w.e.f. July, 2021 to September 2022.

2. Learned counsel for the petitioner at the outset confines his prayer for deciding legal notice dated 05.04.2023 (Annexure P-3). He submits that at this stage, petitioner would be satisfied, if the said representation is decided by passing a speaking order within a time bound frame.

3. Notice of motion.

4. On the asking of the Court Mr. Aman Dhir, DAG, Punjab, who is present in Court accepts notice on behalf of the respondents. He submits that ARCHANA ARORA 2023.05.11 16:36 I attest to the accuracy and integrity of this order/judgment

CWP No. 10205 of 2023 respondent No.3/competent authority will look into the matter and will take a decision on the claim raised by the petitioner in the representation, in accordance with law.

5. I have heard learned counsel for the parties and have gone through the record of the case.

6. Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.3-Competent Authority is directed to consider and decide the claim made in the legal notice dated 05.04.2023 (Annexure P-3) in accordance with law, by passing a speaking order within a period of two months from the date of receipt of certified copy of this order. In case, the petitioner is found entitled, his claim be released within a period of six weeks thereafter. In case, the respondents are of the opinion that the claim of the petitioner merits rejection the same be adjudicated upon by passing a speaking order after giving an opportunity of personal hearing to the petitioner within the time as stipulated hereinabove.

7. The petition stands disposed off.

(PANKAJ JAIN) JUDGE May 11, 2023 archana Whether speaking/reasoned Yes Whether Reportable No ARCHANA ARORA 2023.05.11 16:36 I attest to the accuracy and integrity of this order/judgment