High Court of Punjab and HaryanaCWP/16909/2018disposed of

Harvinder Sharma And ORS v. State Of Haryana And ORS

2019-09-30Mr. Justice Amit Rawal2 pages

YOGESH SHARMA 2019.10.15 10:31 I attest to the accuracy and integrity of this document CWP-16909-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-16909-2018 (O&M) Date of decision : 30.09.2019 Harvinder Sharma and others ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Ram Niwas Sharma, Advocate for the petitioners.

Mr. Hitesh Pandit, Addl. A.G., Haryana.

**** AMIT RAWAL, J. (ORAL) Petitioners are seeking indulgence of this Court for issuance of a writ in the nature of mandamus directing the respondents to allow the pay scale of the post of Sub Divisional Engineer to the petitioners for the period they were given Current Duty Charge of Sub Divisional Engineer against the vacant sanctioned posts prior to their regular promotion. In this regard, had submitted legal notice dated 14.03.2018 (Annexure P-6), but there is no adherence thereto.

Learned counsel for petitioners submits that petitioners will be satisfied if a direction is issued to respondent No.2-Engineering-in-Chief, Haryana, Public Health Engineering Department, Panchkula, Haryana, to consider the legal notice dated 14.03.2018 (Annexure P-6) in view of order dated 20.11.2013 (Annexure P-4), within a stipulated period. Without going into the merits and demerits of the claim of the

YOGESH SHARMA 2019.10.15 10:31 I attest to the accuracy and integrity of this document CWP-16909-2018 (O&M) petitioner, I deem it appropriate to direct respondent No.2, to consider the legal notice dated 14.03.2018 (Annexure P-6) in view of order dated 20.11.2013 (Annexure P-4), within a period of two months from the date of receipt of certified copy of this order and shall pass a speaking order thereon after affording opportunity of hearing to petitioners, failing which, respondent No.2, shall be liable to pay costs of `25,000/- to petitioners. This condition of imposing costs is only to prevent petitioners to run from pillar to post and avail remedy of contempt in case of noncompliance of directions issued by this Court. The writ petition stands disposed of with the above direction. ( AMIT RAWAL ) JUDGE 30.09.2019 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No