High Court of Punjab and HaryanaCWP/38169/2018disposed of

Jalaur Singh And Others v. State Of Punjab And Others

2018-12-21Mr. Justice Harsimran Singh Sethi2 pages

CWP-38169-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-38169-2018 Date of decision: - 21.12.2018 Jalaur Singh and others ....Petitioners

Versus

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

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioners are praying that the service which they had rendered in Classic & Vernacular pay scale, when they had acquired the higher qualification, had not been taken into consideration.

Counsel for the petitioners contends that this benefit, which the petitioners are seeking in the present writ petition, has already been allowed to the similarly situated persons, who filed a CWP No.16095 of 2012 titled 'Baldev Singh and others Vs. State of Punjab and others', decided on 16.05.2016. It has been contended that the judgment has been implemented qua the petitioners therein and they have been granted the relief, which is being prayed by the petitioners herein. Counsel for the petitioners further contends that the respondents are bound to implement the order passed by the Competent NARESH KUMAR 2018.12.24 17:59 I attest to the accuracy and integrity of this document Chandigarh

CWP-38169-2018 -2Court of law in the case of similarly situated persons. As the petitioners have not been granted the relief, they have approached this Court for the grant of the same relief.

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 26.02.2018 (Annexure P-17), 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 26.02.2018 (Annexure P-17) 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.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 21, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.24 17:59 I attest to the accuracy and integrity of this document Chandigarh