Kuldeep Kumar Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1059690
CourtPunjab and Haryana High Court
Decided OnNov-30-2012
AppellantKuldeep Kumar
RespondentState of Haryana and Another
Excerpt:
cwp no.23610 o”1. in the high court of punjab and haryana at chandigarh. cwp no.23610 of 2012 date of decision : november 30, 2012 kuldeep kumar ...petitioner versus state of haryana and another ....respondents coram : hon'ble mr.justice augustine george masih present : mr.deepak sonak, advocate, for the petitioner. augustine george masih, j. (oral) petitioner has approached this court praying for issuance of a writ of mandamus directing the respondents to grant him the pay scale of ` 1200-2040, which has been subsequently revised. the claim is based upon a judgment passed by this court in cwp no.18754 of 1991 titled as gurdev singh and others versus state of haryana, decided on 18.01.2010 (annexure p-2).while granting the benefit of the judgment passed by this court in gurdev singh's case (supra).instructions dated 09.08.2010 (annexure p-3) have been cwp no.23610 o”2. issued, wherein the concluding para of the said instructions reads as follows:- “ in view of the above quoted judgments of the hon'ble high court, it has been decided to grant the benefit of pay scales of ` 1200-2040 notionally w.e.f.1.5.1990 and actually from issuance of the letter to the employees. whose qualification was not matric with iti and they were appointed prior to 1.5.1990 on technical post whose qualification is matric with iti under the provision of service rules qualification prescribed otherwise.” counsel, on the basis of this, states that the claim of the petitioner has not been considered by the respondents despite their own decision granting the benefit as has been claimed by the petitioner since the petitioner is working on a technical post much prior to 01.05.1990. claiming the said benefit, petitioner has served a legal notice dated 18.09.2012 (annexure p-4) upon the respondents, which is still pending consideration without any decision. counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the general manager, haryana roadways, chandigarh-respondent no.2 to consider and decide the legal notice dated 18.09.2012 (annexure p- 4) within some specified time. cwp no.23610 o”3. without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions to the general manager, haryana roadways, chandigarh-respondent no.2 to consider and decide the legal notice dated 18.09.2012 (annexure p-4) within a period of three months from the date of receipt of certified copy of this order. the decision so taken be conveyed to the petitioner forthwith. in case, the petitioner is held entitled to the claim made by him through his legal notice, the consequential benefits, if any, be released to him, in accordance with law, within a further period of two months. in case the claim as made by the petitioner is not to be accepted, then a speaking and well reasoned order be passed and the same be conveyed to the petitioner forthwith. (augustine george masih ) november 30, 2012 judge pj
Judgment:

CWP No.23610 o”

1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CWP No.23610 of 2012 Date of Decision : November 30, 2012 Kuldeep Kumar ...PETITIONER versus State of Haryana and another ....RESPONDENTS CORAM : HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.Deepak Sonak, Advocate, for the petitioner.

AUGUSTINE GEORGE MASIH, J.

(ORAL) Petitioner has approached this Court praying for issuance of a writ of mandamus directing the respondents to grant him the pay scale of ` 1200-2040, which has been subsequently revised.

The claim is based upon a judgment passed by this Court in CWP No.18754 of 1991 titled as Gurdev Singh and others versus State of Haryana, decided on 18.01.2010 (Annexure P-2).While granting the benefit of the judgment passed by this Court in Gurdev Singh's case (supra).instructions dated 09.08.2010 (Annexure P-3) have been CWP No.23610 o”

2. issued, wherein the concluding para of the said instructions reads as follows:- “ In view of the above quoted judgments of the Hon'ble High Court, it has been decided to grant the benefit of pay scales of ` 1200-2040 notionally w.e.f.1.5.1990 and actually from issuance of the letter to the employees.

Whose qualification was not matric with ITI and they were appointed prior to 1.5.1990 on technical post whose qualification is matric with ITI under the provision of service rules qualification prescribed otherwise.”

Counsel, on the basis of this, states that the claim of the petitioner has not been considered by the respondents despite their own decision granting the benefit as has been claimed by the petitioner since the petitioner is working on a technical post much prior to 01.05.1990.

Claiming the said benefit, petitioner has served a legal notice dated 18.09.2012 (Annexure P-4) upon the respondents, which is still pending consideration without any decision.

Counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the General Manager, Haryana Roadways, Chandigarh-respondent No.2 to consider and decide the legal notice dated 18.09.2012 (Annexure P- 4) within some specified time.

CWP No.23610 o”

3. Without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions to the General Manager, Haryana Roadways, Chandigarh-respondent No.2 to consider and decide the legal notice dated 18.09.2012 (Annexure P-4) within a period of three months from the date of receipt of certified copy of this order.

The decision so taken be conveyed to the petitioner forthwith.

In case, the petitioner is held entitled to the claim made by him through his legal notice, the consequential benefits, if any, be released to him, in accordance with law, within a further period of two months.

In case the claim as made by the petitioner is not to be accepted, then a speaking and well reasoned order be passed and the same be conveyed to the petitioner forthwith.

(AUGUSTINE GEORGE MASIH ) November 30, 2012 JUDGE pj