High Court of Punjab and HaryanaCWP/33924/2019disposed of

Rajpal Singh v. State Of Haryana And ORS

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

CWP-33924-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-33924-2019 Date of decision: - 21.11.2019 Rajpal Singh ....Petitioner

Versus

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

*** HARSIMRAN SINGH SETHI , J. (ORAL) Learned counsel for the petitioner argues that petitioner is entitled for the pay scale of the post of which he has discharged duties, though on current duty charge, keeping in view the settled principle of law settled by this Court in CWP-3922 of 2011 titled as 'Narender Pal Singh Arya and another Vs. State of Haryana and others and connected cases, decided on 03.10.2016, which judgment has already been upheld by the Division Bench of this Court in LPA No.2460 of 2017 titled as 'State of Haryana and others Vs. Narender Pal Singh Arya and another on 31.07.2018. Learned counsel for the petitioner states that the petitioner in the present writ petition is similarly situated as the petitioners in Narender Pal Singh's case (supra) and, therefore, it is incumbent upon the respondents to grant the benefit, as extended to the NARESH KUMAR 2019.11.27 16:37 I attest to the accuracy and integrity of this document Chandigarh

CWP-33924-2019 -2petitioners in Narender Pal Singh's case (supra) by this Court, without forcing the petitioner to approach this Court keeping in view the law settled by the Division Bench of this Court in Satbir Singh Vs. State of Haryana, 2002 (2) SCT, 354.

Counsel for the petitioner states that for the relief, which is being claimed by the petitioner in the present writ petition, the petitioner has served the respondents with legal notice dated 16.07.2019 (Annexure P-8), 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 or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 16.07.2019 (Annexure P-8) 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 next three months.

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