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High Court of Punjab and HaryanaCWP/3859/2018disposed of

Joginder Kumar And ORS v. State Of Punjab And Others

2018-02-19Mr. Justice Rameshwar Singh Malik2 pages

CWP No.3859 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.3859 OF 2018 DECIDED ON: FEBRUARY 19, 2018 JOGINDER KUMAR AND ORS.

.....PETITIONERS

VERSUS

STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Arun Abrol, Advocate, for the petitioners.

***** JASPAL SINGH, J Through instant petition preferred under Article 226/227 of the Constitution of India, petitioners have sought issuance of a writ of mandamus, directing the respondents to grant the benefit of leave encashment as granted to their counterparts working in the Government Schools, in view of judgments passed by this Court in cases of similarly situated employees vide Annexures P-11 and P-12 as well as instructions issued by the government from time to time along with interest.

2.

At the very outset, learned counsel for the petitioners submits that though legal notice dated 22.12.2017 (Annexure P-14) was duly served upon the respondents but till date neither any reply has been received nor any conscious decision has been taken. He further submits that petitioners feel satisfied in case direction is issued to respondent(s) to decide legal notice dated 22.12.2017 Sonika 2018.02.20 14:11 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.3859 OF 2018 --2-- (Annexure P-14), within a stipulated period.

3.

Without expressing any opinion on the merits of the case, the instant petition is disposed of with the direction to respondents to look into the grievances unfolded by the petitioners in legal notice dated 22.12.2017 (Annexure P-14) and to decide the same as per Rules, Regulations and instructions issued by government from time to time as well as in the light of judgments already referred in the aforesaid legal notice, within a period of 4 months from the date of receipt of certified copy of this order. 4.

However, if the petitioners still feel aggrieved against any of the order(s) passed by the concerned authority, they shall be at liberty to have recourse to the other remedies available to them as well as to approach this Court.

FEBRUARY 19, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.02.20 14:11 I attest to the accuracy and authenticity of this document Chandigarh