Avtar Singh v. State Of Punjab &ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.M. No. 11675 of 2015 in/and CWP No. 8172 of 2014 Date of decision: 18.09.2015 Avtar Singh ....Petitioner(s)

Versus

State of Punjab and another

...Respondent(s)

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

Present:

Mr. Madhav Pokhrel, Advocate, for the petitioner.

Mr. Pankaj Mulwani, DAG, Punjab.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 11675 of 2015 Application for placing on record counter affidavit of Balbir Singh, Director, Public Instructions (S.E.) is allowed, subject to all just exceptions.

The same is taken on record.

CWP No. 8172 of 2014 On oral request, hearing of the main case is pre-poned from 11.01.2016 to today.

The prayer made in the present writ petition is to pay the difference of pay to the petitioner from 19.06.2006 to 31.05.2007 for working as Director, SCERT. In the counter affidavit filed today, the respondents have averred that they have accepted the claim for higher responsibility. The relevant paragraph reads thus:- "2.

That after going through all the facts and thoroughly examining the record, the answering SHIVANI GUPTA 2015.09.19 14:54 I attest to the accuracy and integrity of this document Chandigarh

respondents have accepted the claim of the petitioner for pay for higher responsibility for working as Director State Council of Education Research and Training (SCERT) Punjab w.e.f. 19.06.2006 to 31.05.2007. It is submitted that the claim of the petitioner has been accepted by the answering respondent vide Order No. 13/143-14 S1 (5) Dated S.A.S. Nagar 04.02.2015 (A copy of the order is appended as Annexure R-1). The answering respondents have refixed the Basic Pay & Grade of the petitioner from 30280+7600 = 37880 to 39690 + 8900 = 48590 It is further submitted that the Bill Amounting to Rs.129716 has been submitted to the Punjab Treasury Office, Chandigarh vide dated 17.06.2015. The amount will be directly credited to the bank account of the petitioner. Thereafter nothing remains pending with the answering respondents."

Keeping in view the above said fact and since the amount of `1,29,716/- has been held to be payable to the petitioner, the present petition has been rendered infructuous.

Counsel, however, submits that he has no instructions regarding whether the amount has been credited to the account of the petitioner or not.

Accordingly, the respondents shall ensure that in case the credit has not been made, the same will be done within a period of one month from today.

With the above said observations, the present writ petition stands disposed of.

18.09.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.09.19 14:54 I attest to the accuracy and integrity of this document Chandigarh