High Court of Punjab and HaryanaCWP/2533/2018disposed of

Karnail Singh v. State Of Punjab And Others

2018-02-05Mr. Justice Rameshwar Singh Malik2 pages

CWP No.2533 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.2533 OF 2018 DECIDED ON: FEBRUARY 05, 2018 KARNAIL SINGH .....PETITIONER

VERSUS

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

Present:

Mr. M.K. Dogra, Advocate, for the petitioner.

***** JASPAL SINGH, J Through instant petition preferred under Article 226 of the Constitution of India, petitioner has sought issuance of a writ especially in the nature of mandamus, directing the respondents to restore 4 special increments in accordance with the judgment of this Court in LPA 1161 of 2009 (P-8) as modified by the Hon'ble Supreme Court of India in SLP (C) 13027 of 2011 as decided on 16.07.2014 (P-9) and further as generalized by this Court vide judgment dated 28.04.2016 in CWP No. 25992 of 2015 (P-10) and to pay retiral dues with arrears of difference of pay with interest @ 18% p.a. 2.

At the very outset, learned counsel for the petitioner submits though representation dated 20.09.2017 (Annexure P-11) was moved to the respondents but till date no conscious decision has been taken by them. He further submits that petitioner feels satisfied in case direction is issued to Sonika 2018.02.06 14:36 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.2533 OF 2018 --2-- respondent(s) to decide aforesaid representation, within a stipulated period. 3.

Without expressing any opinion on the merits of the case, the instant petition is disposed of with the direction to respondent(s) to look into the grievances unfolded by the petitioner in representation dated 20.09.2017 (Annexure P-11) and to take a conscious decision in view of Rules, Regulations and instructions issued by Government from time to time as well as in the light of judgment passed in LPA No.1161 of 2009, captioned as "Tarlok Chand and others v. State of Punjab and others", decided on 08.09.2010 (Annexure P-8), within a period of 3 months from the date of receipt of certified copy of this order.

However, if the petitioner still feels aggrieved against any of the order(s) 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 to him under law.

FEBRUARY 05, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.02.06 14:36 I attest to the accuracy and authenticity of this document Chandigarh