High Court of Punjab and HaryanaCWP/33832/2019disposed of

Hardev Singh v. State Of Punjab And ANR

2019-11-21Mr. Justice Harsimran Singh Sethi2 pages

CWP-33832-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-33832-2019 Date of decision: - 21.11.2019 Hardev Singh ....Petitioner

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Vishal Singh Chauhan, Advocate, for the petitioner. *** HARSIMRAN SINGH SETHI , J. (ORAL) The prayer in the present writ petition is that the petitioner was made to officiate as a Superintendent starting from 16.08.2007 up to 30.04.2010 i.e. till he retired on attaining the age of superannuation, but he has not been paid the salary of the post of Superintendent though he had discharged the duties of the said post and keeping in view the settled principle of law that an employee is entitled for the pay of the post of which he is discharging the duties, hence, petitioner is entitled for the salary of the post of Superintendent from 16.08.2007 to 30.04.2010. Counsel for the petitioner prays that a direction be issued to the respondents to grant the petitioner the salary of the post of Superintendent alongwith arrears.

Counsel for the petitioner further states that for the relief, which has been sought in the present writ petition, petitioner has NARESH KUMAR 2019.11.27 16:37 I attest to the accuracy and integrity of this document Chandigarh

CWP-33832-2019 -2submitted a representation dated 17.05.2018 (Annexure P-2) with the respondents, 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 representation. 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 representation dated 17.05.2018 (Annexure P-2) 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 21, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.11.27 16:37 I attest to the accuracy and integrity of this document Chandigarh