High Court of Punjab and HaryanaCWP/16111/2014disposed of

Cheta Singh v. State Of Punjab & ORS

2020-01-16Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 16.01.2020 Cheta Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Ashish Grover, Advocate for the petitioner.

Mr. Mehardeep Singh, Additional Advocate General, Punjab. **** HARSIMRAN SINGH SETHI , J. (ORAL) The grievance which is being raised by the petitioner in the present writ petition is that though he was given retrospective promotion to the post of Inspector, vide order dated 29.05.2014 (Annexure P-6), but the pay and the allowances on account of retrospective promotion have been declined to him in an arbitrary manner.

Upon notice of motion, respondents have filed the reply, in which, it has been stated that retrospective promotion was given on notional basis and therefore, the petitioner is not entitled for the benefits of arrears of pay and allowances, but keeping in view the retrospective promotion, the benefit of the proficiency step up has been extended to him, vide letter dated 07.12.2015 (Annexure R-1/T).

-2Thereafter, respondents have filed an additional affidavit on 22.08.2019, wherein, the respondents have stated that on account of grant of proficiency step up, the consequential benefits for which the petitioner became entitled for towards leave encashment, arrears of the basic pay as well as revised DCRG, have been paid to the petitioner. The relevant paragraph 3 of the additional affidavit is as under: - "That the petitioner is having bank account No.55140961589 in State Bank of India, Talwandi Sabo Branch. The amount of `2480/- towards leave encashment has been deposited in his account vide entry 16.8.2018, ` 12,474/- towards arrears of revised basic pay has been paid vide entry dated 19.11.2018 and ` 4,092/- towards DCRG has been paid vide entry dated 8.2.2019. The statement of account of the petitioner containing above noted entries duly certified by the bank authorities is attached as Annexure R-2. For this kind perusal of this Hon'ble Court in view of above noted statement of account, there is nothing payable to the petitioner as entire dues have already been paid."

Learned counsel appearing on behalf of the petitioner states that the petitioner has not been informed as to how the amount, which has been deposited, as stated in paragraph 3 reproduced above has been calculated.

Learned counsel for the respondents very fairly states that in case the petitioner has any grievance with regard to the calculation of the amount, he may file a representation raising the said grievance regarding the calculation of the amount, which has been released to him. Learned counsel for the respondents further states that in case any

-3representation is filed, the same will be considered and decided within a period of three months of the receipt of such representation by passing an appropriate speaking order.

Learned counsel for the respondents states that in case petitioner is found entitled for any benefit after the decision of the representation, same will be extended to the petitioner within a period of one month of the decision of the representation. Learned counsel for the petitioner states that keeping in view the statement given by learned counsel for the respondents, petitioner does not press this writ petition any further and prays that the same may be disposed of as having not pressed.

Ordered accordingly.

( HARSIMRAN SINGH SETHI ) January 16, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?