High Court of Punjab and HaryanaCWP/29455/2018disposed of

Balbir Singh Lr Of Lt Savitri v. State Of Haryana & ORS

2018-11-21Mr. Justice Arun Palli2 pages

CWP-29455-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-29455-2018 Date of decision: - 21.11.2018 Balbir Singh ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Manjit Kaur, Advocate for Mr. S.K. Malik, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Present writ petition has been filed by son of late Smt. Savitri Devi, who was working part time sweeper with the respondents since September , 2002, till she died while in service. It has been contended by the counsel for the petitioner that in the year 2017, services of certain juniors to Smt. Savitri Devi were regularized w.e.f. 01.04.2011, when she was alive and was discharging her duties and therefore, by deeming fiction, the respondents are under obligation to regularize the services of Smt. Savitri Devi as well and pay to the petitioner the benefits as if her services were regularized w.e.f. 01.04.2011 which should be paid to the petitioner after the death of his NARESH KUMAR 2018.11.28 16:34 I attest to the accuracy and integrity of this document Chandigarh

CWP-29455-2018 -2mother. Counsel for the petitioner states that for this very purpose, the petitioner has served a legal notice dated 25.07.2018 (Annexure P-5). Counsel for the petitioner further states that the petitioner will be satisfied in case a time bound direction is given to the respondents to pass a speaking order on the legal notice (Annexure P-5) at this stage. Keeping in view the request made by counsel for the petitioner, without expressing any opinion on the merits of the case and the claim is being made in the legal notice, the respondents are directed to pass a speaking order on the legal notice dated 25.07.2018 (Annexure P5), within a period of three months from the date of receipt of certified copy of this order. In case, it is found that the petitioner is entitled for any monetary relief, the same should also be released to him within a period of next three months.

( HARSIMRAN SINGH SETHI ) November 21, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.11.28 16:34 I attest to the accuracy and integrity of this document Chandigarh