High Court of Punjab and HaryanaCWP/15529/2019disposed of

Satya Kumar Singh And ANR v. State Of Haryana And Another

2019-05-30Mr. Justice Harsimran Singh Sethi2 pages

CWP-15529-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-15529-2019 Date of decision: - 30.05.2019 Satya Kumar Singh and another ....Petitioners

Versus

State of Haryana and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Vikram Sheoran, Advocate, for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance of the petitioners is that benefit of increment granted to them was withdrawn keeping in view the instructions issued by the Government of India dated 09.04.2010 (Annexure P-2).

Counsel for the petitioner states that the increment granted to the similarly situated employees were also withdrawn and the said action of the respondents was challenged before this Court in CWP No.3922 of 2011 alongwith other connected cases. The said CWP No.3922 of 2011 and other connected cases were decided by this Court on 03.10.2016 and the instructions dated 09.04.2010 were held to be bad and set aside. Counsel for the petitioners argues that once the instructions dated 09.04.2010 (P-2) have been set aside and the benefit of increment NARESH KUMAR 2019.05.31 17:54 I attest to the accuracy and integrity of this document Chandigarh

CWP-15529-2019 -2was withdrawn from the petitioners also on the basis of the instructions dated 09.04.2010 (P-2), therefore, withdrawn benefit is liable to be extended to the petitioners again as done in the cases of the similarly situated employees, who had approached this Court. Counsel for the petitioners states that for the relief which has been sought in the present writ petition, petitioners have served the respondents with a legal notice dated 01.12.2018 (Annexure P-6), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioners, the respondents are directed to decide the legal notice dated 01.12.2018 (Annexure P-6) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) May 30, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.05.31 17:54 I attest to the accuracy and integrity of this document Chandigarh