High Court of Punjab and HaryanaCWP/24937/2018disposed of

Jaswinder Singh v. State Of Punjab And ANR

2018-09-28Mr. Justice Rameshwar Singh Malik2 pages

CWP No.24937 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.24937 OF 2018 DECIDED ON: SEPTEMBER 28, 2018 JASWINDER SINGH .....PETITIONER

VERSUS

STATE OF PUNJAB AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. P.S. Khurana, Advocate, for the petitioner.

***** JASPAL SINGH, J.

Through instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ especially in the nature of mandamus directing the respondents to grant higher emoluments in the higher pay scale of the post of Junior Engineer (Civil) for the period, he worked on the said post and continue to work on the higher post and grant him all the consequential benefits by revising his salary and to pay arrears with interest @ 12% per annum from the date of accrual till actual realization, as per judgment of Hon'ble Supreme Court, titled as Selvaraj v. Lt. Governor of Island, Port Blair and ors, 1998 (4) RSJ 22, (Civil Appeal Nos.1568-69 of 1998) (P-12) and Smt. P. Grover v. State of Haryana and others, 1983 (3) SLR 473 (P-13) and judgment passed by this Court in CWP No.19589 of 2015 (P-14). 2.

At the very outset of the arguments, learned counsel for the SONIKA 2018.09.28 15:38 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.24937 OF 2018 --2-- petitioner submits that though legal notice dated 10.08.2017 (P-19) was duly served upon the respondents but till date neither any response has been received nor any conscious decision has been taken thereon. He further submits that petitioner feels satisfied in case direction is issued to respondent No.2 to decide legal notice (P-19) within a stipulated period. 3.

Accordingly, instant petition is disposed of with a direction to respondent No.2-Chief Engineer (Head Quarter), Punjab, Mini Secretariat PWD, B & R, Patiala to consider the case unfolded by the petitioner in legal notice (P-19) and to take a conscious decision within a period of three months from the date of receipt of certified copy of this order. 4.

However, if petitioner still feels aggrieved by any order of the aforesaid authority, he shall be at liberty to approach this Court or to have recourse to the other remedies available under law. SEPTEMBER 28, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No SONIKA 2018.09.28 15:38 I attest to the accuracy and authenticity of this document Chandigarh