High Court of Punjab and HaryanaCWP/17924/2019disposed of

Jagar Singh Lr Of Late Jeera Devi v. State Of Haryana And Others

2019-07-05Mr. Justice Harsimran Singh Sethi2 pages

CWP-17924-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-17924-2019 Date of decision: - 05.07.2019 Jagar Singh ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. S.K. Malik, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner states that wife of the petitioner was working with the respondent-department as a part time Sweeper. She continuously worked till 08.06.2014 when unfortunately she died while in service. At the time of death, services of late wife of the petitioner had not been regularized.

Counsel for the petitioner argues that respondent No.4 was junior in seniority to late wife of the petitioner as she was appointed in the year 1990, whereas, respondent No.4 was appointed in the year 1991. As per the averments made in the writ petition, services of respondent No.4 were regularized in the year 2011 with effect from 01.03.1999, whereas, the said benefit was not extended to the wife of the petitioner till she unfortunately passed away in the year 2014. By the NARESH KUMAR 2019.07.15 17:02 I attest to the accuracy and integrity of this document Chandigarh

CWP-17924-2019 -2present writ petition, the prayer has been made by the petitioner for regularizing the services of his late wife on the same pattern as granted to respondent No.4 and thereafter, grant the petitioner the consequential benefits for which he will become entitled for. Counsel for the petitioner states that for the relief which has been claimied in the present writ petition, petitioner has served respondents with a legal notice dated 25.03.2019 (Annexure P-6), which is still pending consideration with the respondents and the petitioner 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 petitioner, the respondents are directed to decide the legal notice dated 25.03.2019 (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 petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) July 05, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.07.15 17:02 I attest to the accuracy and integrity of this document Chandigarh