Manjeet Kumar v. State Of Haryana Through Additional Chief Secretary Transport Department And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision:18.11.2024 CWP-30821-2024 MANJEET KUMAR AND OTHERS AND ORS.
VS STATE OF HARYANA AND ORS.
CWP-30829-2024 SURENDER SINGH AND ORS.
VS STATE OF HARYANA AND ORS.
CWP-30904-2024 SUNIL KUMAR AND ORS.
VS STATE OF HARYANA AND ORS.
**** CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ****
Present:
Mr. Ankur Goyat, Advocate, for the petitioners (in all the cases).
**** AMAN CHAUDHARY, J. (Oral) 1.
The prayer in these petitions is for directing the respondents to release differences of Over Time Allowance admissible to the petitioners for the period from 01.04.2013 to 31.12.2016, after the decision of this Court dated 01.04.2013 passed in CWP-22516-2012, Annexure P-2. 2.
Learned counsel would submit that the petitioners had not been granted Over Time Allowance despite the fact that the claim being covered by
the judgment passed in State of Haryana and others vs. Sanjeev Kumar
and others, LPA-1582-2023 and connected cases, decided on 23.04.2024, Annexure P-8, whereby the State of Haryana unsuccessfully challenged the judgment passed in the case of Sanjeev Kumar and others vs. State of Haryana and others, CWP-697-2020, wherein it was noticed that the judgment in the case of Brij Bhushan and others vs. State of Haryana and others, CWP-3005-2018, decided on 01.02.2019, Annexure P-4, had attained finality and benefits were released. In this regard, demand notices dated 06.09.2024, Annexure P-8, have been served upon the respondents, which have yet not evoked any response. He thus, at this stage, on instructions from the petitioners prays that a direction is given to the respondents to decide the same in a time bound manner by taking into consideration the afore-referred judgments.
3.
Notice of motion.
4.
At the asking of the Court, Ms. Vibha Tewari, AAG, Haryana accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.
5.
In view of the above and without commenting upon the merits of the case, these petitions are hereby disposed of with a direction to the respondents to decide the demand notices dated 06.09.2024, Annexure P-8, by taking note of the afore-referred judgments, within a period of six months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing
offered to them and if found entitled, grant the benefit forthwith. Needless to
say, if the orders are adverse to their interest, the same shall contain reasons and the petitioners shall be free to seek legal redress thereupon. 6.
A copy of this order be placed on the other connected case files. (AMAN CHAUDHARY) JUDGE 18.11.2024 Hemant Whether speaking :
Yes/No Whether reportable :
Yes/No