High Court of Punjab and HaryanaCWP/19569/2019disposed of

Pardeep Soni And Others v. State Of Punjab And Others

2019-07-19Mr. Justice Harsimran Singh Sethi2 pages

CWP-19569-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19569-2019 Date of decision: - 19.07.2019 Pardeep Soni and others ....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Manjit Singh Uppal, Advocate, for the petitioners. **** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioners argues that though vide order/letter dated 15.07.2016 (Annexure P-1) the petitioners have already been given the notional promotion in the cadre of junior engineers with retrospective effect, but the said benefit is not being extended in respect of the calculation of their pensionary benefits.

Counsel for the petitioners argues that once the petitioners have been granted notional promotion with retrospective effect, though they are not entitled for the arrears, but are entitled for refixation of their salary as well the consequent pensionary benefits from the date of retrospective promotion.

Counsel for the petitioners states that for the relief which has been sought in the present writ petition, petitioners have served the respondents with a legal notice dated 30.03.2019 (Annexure P-6), which is NARESH KUMAR 2019.07.24 11:59 I attest to the accuracy and integrity of this document Chandigarh

CWP-19569-2019 -2still pending consideration with the respondents and the petitioners 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 petitioners, the respondents are directed to decide the legal notice dated 30.03.2019 (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 petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) July 19, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.07.24 11:59 I attest to the accuracy and integrity of this document Chandigarh