Hawa Singh v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-25996-2023 (O&M) Decided on : 20.11.2023 Hawa Singh . . .Petitioner

Versus

State of Haryana and another . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Sunil Kumar Bhardwaj, Advocate for the petitioner. Mr. Pankaj Middha, Additional Advocate General, Haryana. **** HARSIMRAN SINGH SETHI , J. (Oral) 1.

Learned counsel for the petitioner submits that the respondentsdepartment has declined the benefit of increment to the petitioner on the basis of the instructions dated 03.04.2019 (Annexure P-4), despite the fact that the petitioner had rendered 12 months service before he retired. Learned counsel for the petitioner submits that keeping in view the judgment of the Hon'ble Supreme Court of India in Civil Appeal No.2471 of 2023 titled as 'The Director (Admn. And HR) KPTCL and others v.

C. P. Mundinamani and others' , decided on 11.04.2023, respondents are under obligation to consider the claim of the petitioner once again.

2.

Learned counsel for the petitioner further submits that after the judgment passed by the Hon'ble Supreme Court of India in C. P. Mundinamani'case (Supra), the petitioner has already submitted a legal notice dated 28.06.2023 (Annexure P-6) but the same is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound manner. 3.

Notice of motion.

RIYA 2023.11.22 10:32 I attest to the accuracy and integrity of this document

CWP-25996-2023 (O&M) -22023:PHHC: 146952 4.

On the asking of the Court, Mr. Pankaj Middha, Additional Advocate General, Haryana., who is present in Court, accepts notice on behalf of the respondent-State and submits that in case, the Legal Notice dated 28.06.2023 (Annexure P-6) has been received in the office of the concerned authorities and the same is still pending consideration with the authorities concerned, the same will be decided by the competent authority keeping in view the law laid down by the Hon'ble Supreme Court of India in C. P. Mundinamani'case (Supra), within a period of eight weeks of the receipt of certified copy of this order by passing an appropriate speaking order and in case, after the decision, the petitioners are found entitled for any benefit, the same will be extended to them within a further period of four weeks.

5.

Learned Senior counsel for the petitioners submits that keeping in view the statement of learned State counsel, the present petition may kindly be disposed of having been not pressed any further. 6.

Ordered accordingly.

(HARSIMRAN SINGH SETHI) JUDGE 20.11.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.11.22 10:32 I attest to the accuracy and integrity of this document