Anita Devi And ORS v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-14556-2021 Date of decision: 03.08.2021 Anita Devi and ors

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Sandeep Lather, Advocate, for the petitioners.

Mr. Saurabh Mohunta, DAG, Haryana.

(Presence marked through Video Conference) -.- ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing the respondents to pay the boarding and diet allowance @ 150/- p.m. according to Instructions/Circular dated 12.08.2009 (Annexure P-1) issued by Haryana Government.

2.

Learned counsel for the petitioners relies on an order passed by a coordinate Bench of this Court in case titled as "Shakuntla Devi Vs. State of Haryana and others" decided on 13.01.2020 contained at Annexure P-3. 3.

Learned counsel for the petitioners submits that for mitigation of their grievance, petitioners caused issuance of a legal notice dated 10.04.2021 (Annexure P-2), but to no avail. Hence, the instant petition. 4.

Learned State counsel, on advance service, joins proceedings and states that competent authority shall take appropriate decision on the pending legal notice dated 10.04.2021 (Annexure P-2). 5.

At this stage, learned counsel for the petitioners also agrees that let a final decision be taken by the competent authority on the pending legal VANDANA 2021.08.03 16:21 I attest to the accuracy and integrity of this document

notice dated 10.04.2021 (Annexure P-2) by keeping in view the instructions/Circular dated 12.08.2009 (Annexure P-1). 6.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

7.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioners as per legal notice dated 10.04.2021 (Annexure P2) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and by keeping in mind the instructions/Circular dated 12.08.2009 contained at Annexure P-1 and take a decision, in accordance with law.

8.

Let the needful be done within a period of 02 months from today. If a favorable order is passed, benefit thereof be accorded to the petitioners within 30 days thereafter.

9.

Disposed of accordingly.

03.08.2021 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No (ARUN MONGA) JUDGE VANDANA 2021.08.03 16:21 I attest to the accuracy and integrity of this document