High Court of Punjab and HaryanaCWP/22706/2018disposed of

Samander Singh Gaur And Others v. State Of Haryana And Others

2018-12-11Mr. Justice Harsimran Singh Sethi2 pages

CWP-22706-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-22706-2018 Date of decision: - 11.12.2018 Samander Singh Gaur and others ....Petitioners

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. S.K. Malik, Advocate, for the petitioners. **** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioners are praying for the grant of two annual increments on acquiring the higher qualification. Petitioners have already retired from service and after unexplained delay, the present writ petition has been filed seeking two advance increments on the ground that they had acquired the higher qualification when they were in service and for which they are entitled for the grant of two advance increments.

Counsel for the petitioners further states that for the relief which has been sought in the present writ petition, the petitioners have served respondents with a legal notice on 25.05.2018 (Annexure P-8), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice. NARESH KUMAR 2018.12.18 15:38 I attest to the accuracy and integrity of this document Chandigarh

CWP-22706-2018 -2In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioners, the respondents are directed to decide the legal notice dated 25.05.2018 (Annexure P-8) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months. Further, it is made clear that only the notional benefits shall be given to the petitioners and not the arrears keeping in view the delay in claiming the said relief.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 11, 2018 JUDGE naresh.k Whether reasoned/speaking?

No Whether reportable?

No NARESH KUMAR 2018.12.18 15:38 I attest to the accuracy and integrity of this document Chandigarh