Manjit Inder Kaur v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 24862 of 2015 Date of decision: 30.11.2015 Manjit Inder Kaur ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. V.K. Shukla, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the consideration of promotion to the post of Senior Assistant from the due date given which was given to her juniors as per orders dated 12.06.2015 (Annexure P-8) and for benefit of all consequential benefits including the fixation of pay and pensionary benefits etc.

It is the pleaded case of the petitioner that she retired on 31.12.2012 as a Steno-Typist from the office of the Divisional Soil Conservation Office, Moga on attaining the age of superannuation. Her seniority was at Sr. No. 4 in the seniority list (Annexure P-7). The case of promotion was sent to the office of respondent no. 2 and the certificate of academic qualification was also got verified. The promotion order of the other retired employees had been issued but she had been left out. A demand had also been raised on 03.07.2015 (Annexure P-9). Thereafter, a legal notice was served on 05.09.2015 (Annexure P-10) on the respondents bringing to their notice that the juniors who figured at Sr. Nos. 5, 6, 9 and 11 of the seniority list had also been granted the benefit of promotion as Senior Assistants. Some of them had also retired and thus were given SHIVANI GUPTA 2015.12.02 13:39 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 24862 of 2015 notional benefits. The petitioner was also entitled for the same but the benefit had not been granted.

Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of the respondents. Copy of the writ petition has been supplied to him in Court. Keeping in view the limited relief sought and without commenting on the merits of the case, this Court does not feel it necessary for the State to file reply.

Accordingly, this writ petition is disposed of with a direction to respondent no. 2 to take decide the legal notice dated 05.09.2015 (Annexure P-10) within a period of 3 months from the date of receipt of certified copy of the order as per the Rules. In case the petitioner is found entitled for the said benefit of promotion, the same be granted to her within a period of 2 months thereafter and the monetary benefits be paid within 2 months thereafter. In case the benefit is to be denied, the said respondent shall pass a speaking order and convey it to the petitioner. 30.11.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.12.02 13:39 I attest to the accuracy and integrity of this document Chandigarh