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High Court of Punjab and HaryanaCWP/22214/2018disposed of

Roshan Lal v. State Of Haryana And ORS

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

CWP No.22214 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.22214 OF 2018 DECIDED ON: SEPTEMBER 04, 2018 ROSHAN LAL .....PETITIONER..

VERSUS

STATE OF HARYANA AND ORS.

.....RESPONDENTS..

CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Gursimran Singh Bawa, Advocate, for the petitioner.

***** JASPAL SINGH, J.

By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of mandamus, directing the respondents to release the salary from September 2017 till February 2018 as well as to affix the pension and to release the amount of pension.

2.

At the very outset, learned counsel for the petitioner contends that petitioner moved representations dated 01.09.2017 (P-2) and 24.04.2018 (P-4) to the respondents but it till date neither any response has been received nor any conscious decision has been taken. He further submits that petitioner feels satisfied in case direction is issued to respondent No.2 to decide aforesaid representations, within a stipulated period.

3.

Without expressing any opinion on the merits of the case, instant SONIKA 2018.09.06 11:00 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.22214 OF 2018 --2-- petition is disposed of with the direction to respondent No.2-Director General Health Services, Sector 6, Budanpur, Panchkula, Haryana to consider the claim of the petitioner put forth by him in representations (P-2 and P-4) and to take a conscious decision, within a period of three months from the date of receipt of certified copy of this order. If, there is no legal impediment, to make the payment within a period of next 45 days.

4.

As far as grant of interest on delayed payment is concerned that shall also be considered in view of the observations made by Full Bench of this Court in case captioned as "R.S. Randhawa vs. State of Punjab, 1997 (3) RSJ 318 as well as Govt. of Haryana Instructions No.1/2(152)01-2FRII, dated 20.02.2002.

5.

However, if the petitioner still feels aggrieved against any of the order passed by the concerned authority, he shall be at liberty to approach this Court as well as to have recourse to the other remedies available under law. SEPTEMBER 04, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No SONIKA 2018.09.06 11:00 I attest to the accuracy and authenticity of this document Chandigarh