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High Court of Punjab and HaryanaCWP/15280/2020disposed of

Kanwarbir Singh Gill And Others v. State Of Punjab And Others

2020-09-24Mr. Justice Harsimran Singh Sethi2 pages

CWP-15280-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(112) CWP-15280-2020 Date of Decision: September 24, 2020 Kanwarbir Singh Gill and others .. Petitioners

Versus

State of Punjab and others .. Respondents (Through video conferencing) CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Ramneek Singh, Advocate, for the petitioners. Ms. Ambika Bedi, Assistant Advocate General, Punjab. HARSIMRAN SINGH SETHI, J.(ORAL) Learned counsel for the petitioners argues that keeping in view the order passed by this Court in CWP No.11372 of 2017 titled as Dr. Harmandeep Singh and others Vs. State of Punjab and others, decided on 23.07.2019, the petitioners are entitled for the grant of Non-Practicing Allowance (NPA) while undergoing the post graduation. Learned counsel for the petitioners submits that though the petitioners are fully eligible for the same but the said benefit is not being extended to the petitioners on the ground that there is no order granting the said benefits to them.

Learned counsel for the petitioners further submits that once a question of law has been settled, the same is to be applied to all the similarly situated employees without forcing them to approach this Court in view of the judgment in Satbir Singh Vs. State of Haryana, 2002(2) S.C.T. 354. Learned counsel for the petitioners further submits that for the relief which has been claimed in the present writ petition, the petitioners NARESH KUMAR 2020.09.

CWP-15280-2020 have already filed a representation dated 12.08.2020 (Annexure P-5) before respondent No.1 and the petitioners will be satisfied at this stage, in case a time bound direction is issued to respondent No.1 to decide the said representation by passing an appropriate speaking order. Notice of motion.

Ms. Ambika Bedi, learned Assistant Advocate General, Punjab, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition, accepts notice on behalf of the respondents.

Learned counsel for the respondents submits that she has no objection with regard to the prayer of the petitioners for deciding the representation dated 12.08.2020 (Annexure P-5) in a time bound manner by passing an appropriate speaking order.

Without commenting upon the merits of the case or about the entitlement of the petitioners for the relief which has been claimed by them in the representation dated 12.08.2020 (Annexure P-5), the present writ petition is disposed of with a direction to respondent No.1 to decide the representation dated 12.08.2020 (Annexure P-5) within a period of three months from the receipt of certified copy of this order. (HARSIMRAN SINGH SETHI) September 24, 2020 JUDGE harsha/naresh.k Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No NARESH KUMAR 2020.09.24 17:11 I attest to the accuracy and integrity of this document Chandigarh