High Court of Punjab and HaryanaCWP/4913/2016disposed of

Vijay Kumar And ORS v. State Of Punjab And ORS

2016-03-16Mr. Justice A.B. Chaudhari2 pages

CWP No. 4913 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 4913 of 2016 Date of decision: 16.03.2016 Vijay Kumar and others ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. Gagneshwar Walia, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The petitioners seek implementation of the order dated 19.03.2015 (Annexure P-3) vide which, the seniority list of the cadre of Clerks has been finalized. The resultant effect is that the petitioners are alleged to have been re-designated/placed as Junior Assistants from the date of their entitlement, details of which are mentioned in Annexure P-3. Resultantly, the relief is for release of consequential benefits including arrears of pay, revision of retiral benefits including revised gratuity, leave encashment, pension and arrears on account of such redesignation/placement. Counsel for the petitioner submits that in pursuance of the decision of respondent no. 4-Municipal Council, Batala, the legal notice has been served dated 16.12.2015 (Annexure P-5) for the necessary relief but no action has been taken on the same. He further submits he would be satisfied if a time bound decision is taken on the said legal notice. Notice of motion.

SHIVANI GUPTA 2016.03.17 12:51 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 4913 of 2016 Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of respondents no. 1 to 3. A copy of the writ petition has been supplied to him.

Keeping in view the limited relief sought, this Court is of the opinion that there is no need for the respondents to file reply. Accordingly, without commenting on the merits of the case, this writ petition is disposed of with a direction to respondent nos. 2 and 3 to ensure that respondent no. 4 takes a decision on the legal notice dated 16.12.2015 (Annexure P-5) within a period of 3 months from the date of receipt of certified copy of the order. In case there is no legal impediment, the payment be made within a period of one month thereafter. Needless to say if the relief is to be denied, a reasoned order be passed and conveyed to the petitioners.

16.03.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.03.17 12:51 I attest to the accuracy and integrity of this document Chandigarh