High Court of Punjab and HaryanaCWP/8394/2016disposed of

Arun Kumar Parbhakar v. State Of Punjab And ORS

2016-05-31Mr. Justice A.B. Chaudhari2 pages

CWP No. 8394 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 8394 of 2016 Date of decision: 31.05.2016 Arun Kumar Parbhakar ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. R.S. Bajaj, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the benefit of proficiency step up on completion of 4 years of regular service as Chief Engineer thereby fixing the basic pay in the scale of `37,000-`67,000 with grade pay of `10,000/- w.e.f. 01.01.2011 in terms of the notification dated 26.03.2001. Resultantly, payment of all consequential benefits is sought from the said date till 30.09.2011, the date of retirement alongwith difference of revised pension as would arise in monthly pension from 01.12.2011 plus interest. Counsel submits that during the period of service, the petitioner had applied to respondent no. 1 for the said benefit on 26.06.2011 (Annexure P-3). His case had also been recommended by respondent no. 3 to the office of respondent no. 2 on 26.04.2012 (Annexure P-5). It is submitted that in spite of communication dated 31.

05.2013 (Annexure P-6) and representation dated 01.05.2014 (Annexure P-8) to respondent no. 1, no action has been taken. Counsel submits that he has already sent a legal notice for the necessary relief on 03.08.2015 (Annexure P-10) but of no SHIVANI GUPTA 2016.06.

CWP No. 8394 of 2016 avail. Counsel further submits that he would be satisfied if a time bound direction is given to the respondents to decide the said legal notice. Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of the State. He is supplied copy of the paperbook. Keeping in view the limited relief sought, this Court does not feel necessary to call upon the respondents to file reply. Accordingly, without commenting on the merits of the case or entitlement of the petitioner, the present writ petition is disposed of with a direction to respondent no. 1 to decide the legal notice dated 03.08.2015 (Annexure P-10) within a period of 3 months from the date of receipt of certified copy of the order. Needless to say if the relief is to be denied, the order shall contain reasons.

31.05.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.06.02 15:05 I attest to the accuracy and integrity of this document Chandigarh