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High Court of Punjab and HaryanaCWP/22429/2024disposed of

Karamvir And Another v. State Of Haryana And Another

2024-09-06Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 109 Civil Writ Petition No.22429 of 2024 Date of Decision: September 06, 2024 Karamvir & another ..... PETITIONER(S)

VERSUS

State of Haryana & another ..... RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA PRESENT: - Mr. Balraj Singh Dhull, Advocate, for the petitioners. Tribhuvan Dahiya, J (Oral) The petition has been filed seeking a writ of mandamus directing the respondents to re-fix the petitioners' pension by granting them benefit of annual increment in the last year of retirement. 2.

Learned counsel for the petitioners contends that in the last year of retirement, the petitioners have completed the requisite six months or more of satisfactory service, and became entitled to one annual increment on that basis. The law in this regard stands settled by the Supreme Court in The Director (Admn. and HR) KPTCL and others v. C.P.Mundinamani and others, 2023 SCC Online SC 401, and this Court in CWP No.8364 of 2024, titled Suresh Kumar Singla and others v. State of Haryana and others, decided on 16.04.2024. Still, the petitioners' claim has not been considered, nor has their legal notice, dated 11.06.2024, Annexure P-6, been decided so far. 3.

Notice of motion.

4.

Ms. Tanushree Gupta, Deputy Advocate General, Haryana, accepts notice on behalf of the respondents and submits that the pending legal notice, dated 11.06.2024, will be decided expeditiously by the second AVIN KUMAR 2024.09.06 14:20 I attest to the accuracy and integrity of this judgment/order.

CWP No.22429 of 2024 [2] respondent, keeping in view the law laid down in C.P.Mundinamani case (supra) and Suresh Kumar Singla case (supra). 5.

In view thereof, without going into the merits of the case, the petition is disposed of with a direction to the second respondent-Director, Elementary Education, to consider and decide the pending legal notice, dated 11.06.2024, in the light of the judgments mentioned above by passing a speaking order thereupon, within a period of three months of receiving a certified copy of this order.

(Tribhuvan Dahiya) Judge September 06, 2024 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2024.09.06 14:20 I attest to the accuracy and integrity of this judgment/order.