Iqbal Singh v. The Punjab State Warehousing Corporation Chandigarh

CWP No.4688 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.4688 OF 2018 DECIDED ON: FEBRUARY 27, 2018 IQBAL SINGH .....PETITIONER

VERSUS

THE PUNJAB STATE WAREHOUSING .....RESPONDENTS CORP.CHANDIGARH (THROUGH ITS MANAGING DIRECTOR) CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. A.K. Walia, Advocate, for the petitioner.

***** JASPAL SINGH, J.

Through instant petition preferred under Article 226 of the Constitution of India, petitioner has sought issuance of a writ especially in the nature of mandamus directing the respondent to grant 24 years service benefit and regular promotion to the post of Warehouse Manager w.e.f. the due date as the court case was decided in his favour and to grant promotional increment and grant 4 years ACP benefits on completion of 4 year service as Warehouse Manager and to refix the pay as well as pension/retiral benefits and to release the arrears of pay and allowances as well as arrears of retiral benefits along with interest @ 12% per annum.

2.

At the very outset of the arguments, learned counsel for the petitioner submits that petitioner feels satisfied in case direction is issued to respondent to decide legal notice dated 21.11.2017 (Annexure P-5), within a Sonika 2018.03.01 10:46 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.4688 OF 2018 --2-- stipulated period.

3.

Without expressing any opinion on the merits of the case, instant petition is disposed of with the direction to respondent-Managing Director, Punjab State Warehousing Corporation, Chandigarh to look into the grievances unfolded by the petitioner in his legal notice dated 21.11.2017 (Annexure P-5) and to decide the same in accordance with law and Rules, within a period of three months from the date of receipt of certified copy of this order. In case, the concerned authority comes to the conclusion that petitioner is entitled to the relief claimed, it shall stands restricted to 38 months in view of Full Bench judgment of this Court in "Saroj Kumari v. State of Punjab and others", 1998(3) SCT 664.

4.

However, if the petitioner still feels aggrieved against any of the order(s) passed by the concerned authority, he shall be at liberty to have recourse to the remedies as well as to approach this Court. FEBRUARY 27, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.03.01 10:46 I attest to the accuracy and authenticity of this document Chandigarh