High Court of Punjab and HaryanaCWP/32390/2018disposed of

Ram Sarup And Others v. State Of Punjab And Others

2018-12-18Mr. Justice Harsimran Singh Sethi2 pages

CWP-32390-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-32390-2018 Date of decision: - 18.12.2018 Ram Sarup and others ....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Riti Aggarwal, Advocate for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioners are seeking advance increment on account of attaining a higher qualification as per the letter dated 23.07.1957.

It has been averred in the petition that the petitioners got the higher qualification of B.A./F.A. in the year 1978 while they were in service and they have already retired from service starting from the year 2012 onwards. No valid justification has been given as to why the petitioners did not approach this Court for the grant of the relief when they were in service as the claim relates to the year 1978. Even after the retirement, petitioner No.3 has approached after a period of six years. Counsel for the petitioner states that similarly situated persons have already been granted the relief by this Court. NARESH KUMAR 2018.12.20 09:46 I attest to the accuracy and integrity of this document Chandigarh

CWP-32390-2018 -2Be that as it may, there is no valid justification for the delay which has been explained by the petitioners in the present writ petition. Counsel for the petitioners further states that for the relief which has been sought in the present writ petition, the petitioners have served respondents with a legal notice on 20.10.2018 (Annexure P-6), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice. In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioners, the respondents are directed to decide the legal notice dated 20.10.2018 (Annexure P-6) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months.

It is made clear that in case the petitioners are found entitled for the said relief, the same shall be given notionally and no arrears shall be given to them.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 18, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.20 09:46 I attest to the accuracy and integrity of this document Chandigarh