Vijay Kumar And Others v. State Of Punjab And Others


 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-11830-2023 Date of decision : 29.05.2023 VIJAY KUMAR AND OTHERS ....Petitioners

Versus

STATE OF PUNJAB AND OTHERS ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Manjit Singh Sarao, Advocate for the petitioners.

Mr. Aman Dhir, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) By way of present writ petition filed under Article 226/227 of the Constitution of India, petitioners pray for issuance of a writ in the nature of mandamus directing the respondents to step up the pay of the petitioners at par with respondents No.5 to 8 who are claimed to be junior to the petitioners.

Learned counsel for the petitioners submits that he would be satisfied at this stage, if legal notice served at the behest of the petitioners Annexure P-2 is ordered to be decided by passing a speaking order within a time bound frame.

Notice of motion.

Mr. Aman Dhir, DAG, Punjab, who is present in Court accepts notice on behalf of the respondents. He submits that the claim as raised by the petitioner in legal notice dated 20th of April, 2023 (Annexure P-2) shall DEEPAK KUMAR 2023.05.30 16:31 I attest to the accuracy and integrity of this document

CWP-11830-2023 -22023:PHHC:078108 be decided within a period of 8 weeks.

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

Without expressing any opinion on the merits of the case or the claim being made by the petitioners in the present writ petition, respondent No.2-Director General of Police, Punjab Police Head Quarter, Sector-9, Chandigarh is directed to consider and decide the claim made in the legal notice dated 20th of April, 2023 (Annexure P-2), in accordance with law, by passing a speaking order within a period of 8 weeks from the date of receipt of certified copy of this order.

In case, the petitioners are found entitled, their claim be released within a period of 8 weeks thereafter. However, in case the competent authority is of the opinion that the claim of the petitioners sans merit, the same be adjudicated by passing a speaking order in accordance with law after affording opportunity of hearing to the petitioners within the time period stipulated hereinabove. It is made clear that in case the stipulation of time is not adhered to, respondent No.2 shall be liable to pay an amount of Rs.5,000/- each to the petitioners from his own pocket. The petition stands disposed off.

May 29, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.05.30 16:31 I attest to the accuracy and integrity of this document