Nirmla Mittal v. State Of Haryana And Another

CWP-20307-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (110) CWP-20307-2020 Date of decision: - 27.11.2020 Nirmla Mittal ....Petitioner

Versus

State of Haryana and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Anirudh Gupta, Advocate, for the petitioner. (Through Video Conferencing) **** HARSIMRAN SINGH SETHI , J. (ORAL) Grievance of the petitioner in the present writ petition is that her pension has not been refixed as per the recommendations of the 7th Pay Commission, which have been implemented w.e.f. 01.01.2016. Learned counsel for the petitioner argues that nonconsideration of the claim of the petitioner for refixation of her pension, as per the recommendations of the 7th Pay Commission w.e.f. 01.01.2016, is totally arbitrary and illegal and is causing prejudice to the petitioner and the respondents be directed to grant the petitioner the benefit of revision of her pension from the due date with all consequential benefits.

Learned counsel for the petitioner submits that for the relief, which is being claimed in the present writ petition, petitioner has served the respondents with a legal notice dated 21.09.2020 (Annexure P-2), NARESH KUMAR 2020.11.

CWP-20307-2020 -2which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice. Notice of motion.

Ms. Rajni Gupta, Additional Advocate General, Haryana, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition accepts notice on behalf of respondent-State.

Learned State counsel submits that the respondents have no objection with regard to prayer of the petitioner for deciding legal notice dated 21.09.2020 (Annexure P-2) in a time bound manner by passing an appropriate speaking order.

In view of the above, without expressing any opinion on the merits of the case or the claim being made by the petitioner, respondent No.2 is directed to decide the legal notice dated 21.09.2020 (Annexure P-2) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) November 27, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2020.11.27 15:27 I attest to the accuracy and integrity of this document Chandigarh