High Court of Punjab and HaryanaCWP/6967/2016disposed of

Kamaljit & ORS v. State Of Punjab & ORS

2016-04-12Mr. Justice A.B. Chaudhari2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 6967 of 2016 Date of decision: 12.04.2016 Kamaljit and others ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. Sukhdev Kamboj, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The petitioners seek consideration of protection of their pay being drawn by them in view of the judgment rendered by this Court in Civil Writ Petition No.22442 of 2010-Anil Kumar and others Vs. State of Punjab and others decided on 16.05.2012 (Annexure P-3) which has been upheld in LPA No.1729 of 2012 decided on 05.02.2014 (Annexure P-4). Counsel for the petitioners submits that demand dated 16.09.2015 (Annexure P-5) has already been raised upon respondent No.3 by the petitioners but no action has been taken on the said representations. Counsel further submits that he would be satisfied if a direction is issued to respondent No.3 to decide the said representation dated 16.09.2015 (Annexure P-5) filed by the petitioners within some time frame. It is further pointed out that the case of the petitioners has been recommended by respondent no. 4 to respondent no. 3 vide communication dated 11.12.2015 (Annexure P-6) and the same is pending consideration. Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of SHIVANI GUPTA 2016.04.23 17:37 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 6967 of 2016 -2respondents. Copies of the writ petition have been supplied to him. Keeping in view the limited relief sought by the petitioners, this Court is of the opinion that there is no requirement of calling for any reply on behalf of the State.

Accordingly, without commenting upon the merits of the case the present writ petition is disposed of with a direction to respondent No.3 to take into consideration the said representation dated 16.09.2015 (Annexure P-5) filed by the petitioners. Appropriate orders be passed within a period of three months from the date of receipt of a certified copy of this order. In case the petitioners are found entitled for the said benefit, the financial benefits be paid to them within two months thereafter. In case any adverse order is to be passed then a reasoned order be passed by the said respondent and be conveyed to the petitioners. The present writ petition is disposed of with the aforesaid directions.

12.04.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.04.23 17:37 I attest to the accuracy and integrity of this document Chandigarh