High Court of Punjab and HaryanaCWP/32672/2019disposed of

Bacchu Ram v. State Of Haryana And Others

2019-11-13Mr. Justice Harsimran Singh Sethi2 pages

CWP-32672-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-32672-2019 Date of decision: - 13.11.2019 Bacchu Ram ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Sandeep Singal, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner argues that petitioner is a pensioner since 01.06.2001 hence entitled for the benefit of the revision of the pay as well as pension keeping in view the Haryana Civil Services (Revised Pension) Part-I, Rules, 2009 (for short '2009 Rules'), by which the pay of the employees as well as the pension of the retirees, was revised w.e.f. 01.01.2006.

Counsel for the petitioner further argues that benefit of the revision w.e.f. 01.01.2006 has never been extended to the petitioner by the respondents though under the 2009 Rules, petitioner was entitled for 50% of the minimum of the pay in pay band + grade pay as pension. The prayer of the petitioner is for issuance of a direction to the respondents to refix the pension of the petitioner under 2009 Rules. NARESH KUMAR 2019.11.19 10:53 I attest to the accuracy and integrity of this document Chandigarh

CWP-32672-2019 -2Counsel for the petitioner further states that for the relief, which has been sought in the present writ petition, petitioner has served the respondents with a legal notice dated 15.05.2019 (Annexure P-6), which is still pending consideration with the respondents and the petitioner 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 or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 15.05.2019 (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 petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) November 13, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.11.19 10:53 I attest to the accuracy and integrity of this document Chandigarh