High Court of Punjab and HaryanaCWP/18141/2019disposed of

K.C. Bishnoi v. State Of Haryana And Another

2019-07-08Mr. Justice Harsimran Singh Sethi2 pages

CWP-18141-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-18141-2019 Date of decision: - 08.07.2019 K.C. Bishnoi ....Petitioner

Versus

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

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance which has been raised by the petitioner is that he was entitled for getting the benefit of 4 years and 22 days under Clause 3.2 of Chapter VIII-A of the University Pension Statute, but the respondents have only extended the benefit of six months.

Counsel for the petitioner states that petitioner has served a demand notice 16.02.2019 (Annexure P-12) upon the respondents for the redressal of his grievance and has also made a claim for the grant of benefit of 4 years and 22 days weightage in pension under Clause 3.2 of Chapter VIII-A of the University Pension Statute, but the respondents have kept the said demand notice pending seeking a clarification from the State in respect of the instructions dated 05.03.2001. NARESH KUMAR 2019.07.15 17:10 I attest to the accuracy and integrity of this document Chandigarh

CWP-18141-2019 -2Counsel for the petitioner argues that instructions dated 05.03.2001 already stands quashed by this Court and therefore, seeking the clarification from the State by the respondent-University as to whether the said instructions have been withdrawn does not arise as the instructions which have been quashed by this Court are no longer in existence and withdrawing by the State Government does not arise. Counsel for the petitioner states that petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the demand notice dated 16.02.2019 (Annexure P-12).

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 demand notice dated 16.02.2019 (Annexure P-12) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) July 08, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.07.15 17:10 I attest to the accuracy and integrity of this document Chandigarh