High Court of Punjab and HaryanaCWP/20737/2018disposed of

Sucha Singh Dhesi And ANR. v. State Of Punjab And ORS.

2018-08-20Mr. Justice Rameshwar Singh Malik2 pages

CWP No.20737 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.20737 OF 2018 DECIDED ON: AUGUST 20, 2018 SUCHA SINGH DHESI AND ANOTHER .....PETITIONERS..

VERSUS

STATE OF PUNJAB AND ORS.

.....RESPONDENTS..

CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Sunny Singla, Advocate, for the petitioners.

***** JASPAL SINGH, J By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioners have sought issuance of a writ in the nature of mandamus, directing the respondent to refix the pay and pension in terms of instructions dated 22.06.2015 (P-7) granting the benefit of higher pay scale in terms of government instructions dated 23.07.1957 and 19.02.1979 to all the teachers and in the light of judgments passed by this Court in "Rajinder Kumari v. State of Punjab", 1988(4) SLR 297 and as per Punjab Govt. instructions dated 11.10.1991 (P-4) along with all consequential benefits as given to the similarly situated petitioners of the above referred writ petitions. 2.

Learned counsel for the petitioners submits that though legal notice dated 12.03.2018 (P-8) was duly served upon the respondent(s) but till date neither any response has been received nor any final decision has been taken SONIKA 2018.08.21 17:53 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.20737 OF 2018 --2-- thereof. He further submits that petitioners feel satisfied in case direction is issued to respondent No. 2 to decide aforesaid legal notice (P-8) in the light of instructions as well as judgments referred to above in para No.1 of this order, in a time bound manner.

Without expressing any opinion on the merits of the case, instant petition is disposed of with the direction to respondent No.2-Director of Public Instructions (Secondary Education), Punjab, Sector 62, Mohali to consider the clam put forth by the petitioners in legal notice (P-8) and to take a conscious decision by passing a speaking order in the light of instructions as well as judgments referred to above in para No.1 of this order, within a period of three months from the date of receipt of certified copy of this order. 4.

However, if the petitioners still feel aggrieved against any of the order passed by the concerned authority, they shall be at liberty to approach this Court as well as to have recourse to the other remedies available under law. AUGUST 20, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No SONIKA 2018.08.21 17:53 I attest to the accuracy and authenticity of this document Chandigarh