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High Court of Punjab and HaryanaCWP/24927/2021disposed of

Renu Bala v. State Of Haryana And Others

2021-12-09Mr. Justice Arun Monga3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 24927 OF 2021 DATE OF DECISION : 09.12.2021 Renu Bala

...Petitioner

versus State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Deepak Sonak, Advocate for Mr. Chander Shekhar Sharma, Advocate for the petitioner.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamusdirecting the respondents to fix the pay anomaly arising out of 'Service Bye Laws Governing the conditions of service of contractual employees of State Health Mission, Haryana, 2018', with all consequential benefits.

2.

Learned counsel for the petitioner submits that the petitioner was appointed on the post of Nutrition Counselor under NHM (NRC) by District Health and Family Welfare Society on contractual basis. Haryana government framed certain service bye laws which came into force with effect from 01.01.2018, whereby salary of the contractual employees have been revised.

3.

Learned counsel further submits that juniors to the petitioner are getting more salary. The petitioner approached the respondents for rectification/correction of pay anomaly, who sent the case to respondent No.2 vide Memo No.4968 dated 20.08.2020, for consideration but till date respondent No.2 has not taken any decision on the memo. Petitioner also sent representation dated 20.01.2020 (Annexure P-4) but the same has not been adverted to till date. Hence, the instant petition. 4.

Learned State counsel, on advance service, joins the proceedings and states that competent authority shall take appropriate decision on the pending representationdated 20.01.2020 (Annexure P-4) 5.

At this stage, learned counsel for the petitioner also agrees that let a final decision be taken, either way, by the competent authority on the said pending representation dated 20.01.2020 (Annexure P-4) giving reasons thereof.

6.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

7.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner as per representation dated 20.01.2020 (Annexures P-4) and also by keeping in view the contention raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

8.

Let the needful be done as expeditiously as possible.

9.

Disposed of accordingly.

DECEMBER 09, 2021 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No