Surender Kumar Sharma v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO. 27600 OF 2022 DATE OF DECISION: 02.12.2022 Surender Kumar Sharma

...Petitioner

Versus

State of Haryana and others

...Respondents

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

Mr. Parth Goyal, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of an appropriate writ in the nature of mandamus directing the respondents to consider the claim of petitioner for fixation of his pay at Rs.83,330/- with effect from 01.01.2016 by granting him the benefit of re-fixation of pay with effect from 01.07.2012 after grant of one annual increment or step up of pay with effect from 01.09.2014 (notional) and actual with effect from 01.01.2016 at par with his junior i.e., respondent No.7, along with all consequential benefits including revision of pension, retiral benefits and payment of arrears along with interest @ 12% per annum with effect from the due date.

2.

Qua his grievance, petitioner has also served a legal notice dated 13.06.2022 (Annexure P-10), but the same has not been adverted by respondents till date. Hence the petition.

3.

On advance service, learned State counsel appears and submits that a decision will be taken by competent authority, either way, on the SHALINI BHATIA 2022.12.05 10:32 I attest to the accuracy and integrity of this document

pending legal notice dated 13.06.2022 (Annexure P-10) by passing a speaking order.

4.

At this stage, learned counsel for the petitioner also seeks decision on the pending legal notice, as suggested by learned State counsel. 5.

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.

6.

Without commenting on the merits of the case, the instant writ petition is disposed of with a direction to the respondents to look into the pending legal notice dated 13.06.2022 (Annexure P-10) of the petitioner and pass an administrative order, in accordance with law. 7.

Let the needful be done within a period of 2 months from today. 8.

Disposed of accordingly.

DECEMBER 02, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.12.05 10:32 I attest to the accuracy and integrity of this document