Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3206 of 2013 Date of Decision:14th February, 2013 Nafe Singh and others .....Petitioners versus State of Haryana & others ....Respondents CORAM:- HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr.Sushil Bharadwaj, Advocate for the petitioneRs.***** Tejinder Singh Dhindsa, J.
(Oral) Prayer in this petition is for issuance of a writ of mandamus directing the respondents to grant the benefit of revised overtime allowance to the petitioners in lieu of revision of pay scales under notifications dated 07.01.1998 and 30.12.2008.
Reliance has also been placed on the judgment of this Court in CWP No.15807 of 2008 titled as General Manager, Haryana Roadways, Chandigarh versus Azad Singh and otheRs.decided on 5.3.2009 where this Court had held the employees similar to the petitioners entitled to the benefit as claimed in this writ petition.
L.P.A.preferred against the said judgment has also been dismissed by a Division Bench of this Court on 23.03.2011 (Annexure- P-2).Petitioners have served a legal notice dated 12.09.2012 (Annexure- P-3) but no decision thereon has been taken till date.
Counsel for the petitioneRs.at this stage, contends that the petitioners would be satisfied if a direction is issued to decide the legal notice served by the petitioner on the Director General, State Transport, Haryana-respondent No.2 within some specified time.
CWP No.3206 of 2013 -2- Without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions to the Director General, State Transport, Haryana-respondent No.2 to consider the claim of the petitioners as put forth in their legal notice dated 12.09.2012 (Annexure P-3) within a period of two months from the date of receipt of a certified copy of this order keeping in view the judgment referred to above.
The decision so taken be conveyed to the petitioners forthwith.
In case, the claim of the petitioners is granted, the consequential benefits be released to them within a further period of two months.
In case the claim as made by the petitioners through their legal notice is not to be accepted, then a speaking and well reasoned order be passed by respondent No.1 and the same be conveyed to the petitioners forthwith.
Petition disposed of.
February 14, 2013 (TEJINDER SINGH DHINDSA) Diwaker Gulati JUDGE