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High Court of Punjab and HaryanaCWP/22155/2018disposed of

Gurdeep Singh Cheema And ORS v. State Of Punjab And ANR

2018-09-04Mr. Justice Rameshwar Singh Malik2 pages

CWP No.22155 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.22155 OF 2018 DECIDED ON: SEPTEMBER 04, 2018 GURDEEP SINGH CHEEMA AND ORS.

....PETITIONERS..

VS.

STATE OF PUNJAB AND ANR.

....RESPONDENTS..

CORAM:

HON'BLE MR. JUSTICE JASPAL SINGH Present:- Mr. Sunny Singla, Advocate, for the petitioners.

***** JASPAL SINGH, J.

Through 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 respondents to refix the pay and pension of the petitioners in terms of instructions dated 22.06.2015 (P-12) 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 in CWP No.2632 of 1985 decided on 21.02.1986 and CWP No.7862 of 1995 decided on 28.11.2013 (P-5 and P-10 respectively) as the case of the petitioners is squarely covered from the decisions rendered by this Court. 2.

Learned counsel for the petitioners contends that though a legal notice dated 30.05.2018 (P-14) was served upon the respondents but till date neither any response has been received nor any final decision has been taken SONIKA 2018.09.17 18:02 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.22155 OF 2018 --2-- thereof. He further submits that petitioners feel satisfied in case direction is issued to respondent No.2 to decide legal notice (P-14) in view of judgments referred to in para 1 of this order, in a time bound manner. 3.

Without expressing any opinion on the merits of the case, instant petition is disposed of with a direction to respondent No.2-Director, Public Instructions (Sec.), Punjab, Sector 62 Mohali to consider the grievances unfolded by the petitioners in legal notice (P-14) and to take a conscious decision by passing a speaking order in the light of judgments referred to above in para No.1 of this order, within a period of three months from the date of receipt of a certified copy of this order.

4.

However, if petitioners still feel aggrieved by any of the orders passed by the aforesaid authority, they shall be at liberty to have recourse to other remedies available under law including to approach this Court. SEPTEMBER 04, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned:

Yes Whether reportable:

Yes/No SONIKA 2018.09.17 18:02 I attest to the accuracy and authenticity of this document Chandigarh