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High Court of Punjab and HaryanaCWP/12955/2024disposed of

Amritpal Kaur v. State Of Punjab And Others

2024-05-29Mr. Justice Aman Chaudhary2 pages

CWP-12955-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12955-2024 Date of Decision: 29.05.2024 Amritpal Kaur

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ****

Present:

Mr. S.K. Bansal, Advocate, for the petitioner. Mr. Swapan Shorey, DAG, Punjab.

**** AMAN CHAUDHARY, J. (Oral) 1.

The prayer in the present petition is for directing the respondents to refix the pay and consequent pension of the petitioner on notional basis with effect from 01.04.2023 by way of granting the annual increment according to the rules and in view of the judgment of a Coordinate Bench passed in CWP-32598 of 2019, titled Gurdev Singh and others vs. State of Punjab and another, decided on 16.03.2022, Annexure P-2, against which the LPA-922-2022, stands decided on 09.04.2024, wherein a batch of petitions with lead LPA-696-2022, titled as State of Punjab and another vs. Malagar Singh. In this regard, a representation dated 27.02.2024, Annexure P-8/T, has been submitted, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to respondent No.3 to decide the same in a time bound manner by granting her an opportunity of hearing. 2.

Notice of motion.

HAMANT 2024.05.30 10:01 I attest to the accuracy and integrity of this order/judgment

CWP-12955-2024 -23.

At the asking of the Court, Mr. Swapan Shorey, DAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

4.

In view of the above and without commenting on the merits of the case, this petition is hereby disposed of with a direction to respondent No.3 to decide the representation dated 27.02.2024, Annexure P-8/T in light of the afore-referred judgments, within a period of 6 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to her and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to her interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 29.05.2024 Hemant Whether speaking :Yes/No Whether reportable:Yes/No HAMANT 2024.05.30 10:01 I attest to the accuracy and integrity of this order/judgment