Rakesh Kumar v. State Of Haryana And Others

2024:PHHC:001087 CWP-201-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-201-2024 Date of Decision: 08.01.2024 Rakesh Kumar

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Ram Pal Verma, Advocate for the petitioner Ms. Tanushree Gupta, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to count his workcharge service followed by regular service from September 1991 to 31.01.1996 for grant of retiral benefits and to revise his pension after granting him the benefit of workcharge service and to release the arrears of pension and gratuity with eighteen per cent interest per annum from the date of his retirement. 2.

Learned counsel for the petitioner submits that grievance raised herein is pending for appropriate decision before the respondents. At this stage, the petitioner will be satisfied in case respondent No.2 is directed to decide the pending legal notice, dated 12.09.2023, Annexure P-4, in a specified period.

PAYAL 2024.01.09 16:53 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:001087 CWP-201-2024 -23.

Notice of motion.

4.

Ms. Tanushree Gupta, DAG, Haryana, appearing on advance notice, submits that the pending legal notice shall be decided by respondent No.2 expeditiously.

5.

In view thereof, without going into merits of the case, the petition is disposed of with a direction to respondent No.2/Chief Engineer, PWD (B&R), Sector-19, Chandigarh, to consider and decide the pending legal notice dated 12.09.2023, by passing a speaking order, keeping in view the law laid down in Kanta Devi v. State of Haryana and others; CWP-5223-2018 passed by this Court on 29.11.2022, within a period of two months from the date of receiving a certified copy of this order. 6.

In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹25,000 to the petitioner. (TRIBHUVAN DAHIYA) JUDGE 08.01.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.01.09 16:53 I attest to the accuracy and authenticity of this order/judgment