High Court of Punjab and HaryanaCWP/12774/2019disposed of

Ravinder Kaur v. Punjabi University, Patiala

2019-05-15Mr. Justice Harsimran Singh Sethi2 pages

CWP-12774-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12774-2019 Date of decision: - 15.05.2019 Ravinder Kaur ....Petitioner

Versus

Punjabi University, Patiala .....Respondent CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Dharmender Singh Rawat, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Learned counsel for the petitioner states that in view of the law laid down by this Court in CWP No.18307 of 2011, decided on 06.12.2012, which judgment has already been upheld by the Division Bench in LPA No.296 of 2015, decided on 24.02.2015, the petitioner is entitled for step up of her pay equivalent to the reserve category candidate, who was promoted prior to her on the basis of reservation. Counsel further states that petitioner is claiming the step up of her pay equivalent to one Ms. Pushpa Devi, who was junior to the petitioner, but as she belonging to reserve category of scheduled caste, she was granted promotion in prior point of time than the petitioner and was hence, getting a higher pay as compared to the petitioner.

Learned counsel for the petitioner states that for the relief, which has been claimed in the present writ petition, the petitioner has NARESH KUMAR 2019.05.16 16:40 I attest to the accuracy and integrity of this document Chandigarh

CWP-12774-2019 -2served the respondents with a legal notice dated 03.03.2019 (Annexure P-8) and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the legal notice by passing a speaking order.

Without going into the merits of the case or expressing any opinion to the entitlement of the petitioner in respect of the relief claimed in the present writ petition or in the legal notice, the present writ petition is disposed of with a direction to the respondents to pass an appropriate speaking order on the claim raised by the petitioner in the legal notice dated 03.03.2019 (Annexure P-8) within a period of three months from the date of receipt of certified copy of this order. It is made clear that in case the petitioner is found entitled for the relief as being claimed by her, the arrears will only be restricted upto three years and two months prior to the date of filing of the legal notice dated 03.03.2019 (Annexure P-8).

The writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) May 15, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.05.16 16:40 I attest to the accuracy and integrity of this document Chandigarh