Kamal Krishana v. State Of Haryana And ORS

CWP No.10542 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.10542 OF 2018 DECIDED ON: APRIL 30, 2018 KAMAL KRISHANA .....PETITIONER

VERSUS

STATE OF HARYANA AND ORS.

.....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Ram Niwas Sharma, Advocate, for the petitioner.

***** JASPAL SINGH, J.

Through instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of mandamus directing the respondents to compute the service rendered in Govt. Aided School against sanctioned post towards pension and pensionary benefits as this Court has directed the respondents to release the pension and pensionary benefits. And further to release the revised pension and pensionary benefits by computing the service and release the difference between due and drawn of the retiral benefits like pension, gratuity, commutation and leave encashment etc. alongwith interest @ 18% per annum.

2.

At the very outset of the arguments, learned counsel for the petitioner submits that though legal notice dated 16.12.2017 (P-7) was duly served upon the respondents but till date neither any response has been received Sonika 2018.05.03 10:48 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.10542 OF 2018 --2-- nor any decision has been taken thereon. He further submits that petitioner feels satisfied in case direction is issued to respondents to consider and decide the afore-said legal notice (P-7), within a stipulated period. 3.

Accordingly, instant petition is disposed of with a direction to the respondents particularly respondent No.2-Director, Elementary Education Haryana, Sector 5, Panchkula to look into the grievances unfolded by the petitioner in legal notice dated 16.12.2017 (P-7) and to decide the same in accordance with Rules, regulations and instructions already referred to in legal notice as well as in terms of judgment passed by this Court in CWP No. 248242014 (O&M), titled as "Karamvir Singh v. State of Haryana and others", decided on 09.01.2017 (P-6), within a period of three months from the date of receipt of certified copy of this order.

4.

However, if petitioner still feel aggrieved by any order of the aforesaid authority, he shall be at liberty to have recourse to the other remedies available under law as well as to approach this Court. APRIL 30, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.05.03 10:48 I attest to the accuracy and authenticity of this document Chandigarh