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High Court of Punjab and HaryanaCOCP/4156/2019disposed of

Rashmi Sharma v. Anurag Verma And Another

2019-12-19Mr. Justice Avneesh Jhingan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH COCP No. 4156 of 2019 DECIDED ON: DECEMBER 19, 2019 RASHMI SHARMA .....PETITIONER

VERSUS

ANURAG VERMA AND ANOTHER .....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN.

Present:

Mr. A.P. Bhandari, Advocate for the petitioner.

Mr. Aditya Sharda, AAG, Punjab.

***** AVNEESH JHINGAN, J (ORAL) The petitioner filed a writ petition seeking quashing of the orders dated 20.02.2018, 14.03.2018 and 23.04.2018 by which the pay to the petitioner during maternity leave was denied. The writ petition was disposed of on 09.07.2019 and the impugned orders were set aside. Respondents were directed to calculate the arrears of salary for the period of maternity leave granted to the petitioner and pay the same alongwith interest @8% per annum with effect from the date of entitlement till the actual date of disbursement. The needful was to be done within three months from the date of receipt of certified copy of the order.

The petitioner was forced to file the present petition as the needful was not done.

Learned State counsel, on instructions from Ms. Kamaljit Kaur, Senior Assistant, submits that the payment of three months has been made

COCP No. 4156 of 2019 -2alongwith interest. He is not in a position to defend or to have instructions to the effect that as to how the payment was restricted to three months when the petitioner was sanctioned and had availed six months maternity leave. Before any further observation was going to be made, he on instructions submits that the payment of the balance amount alongwith interest would be credited in the account of the petitioner by 23.12.2019.

In view of above, the present petition is disposed of. In case the afore-said statement is not adhered to, petitioner would be at liberty to revive the present petition, if the petitioner is forced to revive the same, defaulting official shall be liable not only to pay the cost which may be imposed but for the recovery of the interest on the delayed period also. DECEMBER 19, 2019 (AVNEESH JHINGAN) sham JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No