Cwp No. 9487 of 2013 Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1064540
CourtPunjab and Haryana High Court
Decided OnMay-03-2013
AppellantCwp No. 9487 of 2013
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab and haryana at chandigarh cwp no.9487 of 2013 date of decision :3. 5.2013 sukhdev singh ....petitioner versus state of punjab and others ....respondents coram: hon'ble mr.justice augustine george masih present:- mr.r.s.ahluwalia, advocate, for the petitioner. augustine george masih, j. (oral) petitioner has approached this court claiming the grant of pay scale of rs.5910-20200 + rs.2400 as grade pay with effect from 1.1.2006 and the corresponding pay scale of rs.10300-34800 + rs.3600 as grade pay with effect from 1.12.2011 on account of revision of pay scale as admissible to the post of carpenter alongwith other consequential benefits. it is asserted that the claim of the petitioner as made in the writ petition is covered by the judgment passed by this court in rs.no.3604 of 2007 titled as state of punjab versus nirmal singh, decided on 14.12.2007. counsel contends that the petitioner claiming the said benefit has served legal notice dated 17.9.2012 (annexure-p-6) upon the respondents, but till date no relief has been granted to the petitioner not any decision conveyed. he states that the petitioner, at this stage, would be satisfied if a direction is issued to the senior superintendent of police, faridkot-respondent no.3 to consider and decide the legal notice of the petitioner dated 17.9.2012 (annexure-p-6) within some specified time. cwp no.9487 of 2013 -2- without going into the merits of the case or commenting thereon, the present writ petition is disposed of with a direction to the senior superintendent of police, faridkot-respondent no.3 to consider and decide the legal notice of the petitioner dated 17.9.2012 (annexure-p-6) 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 benefit as claimed by him through his aforesaid legal notice, consequential benefits be granted to him within a further period of two months, in accordance with law. if the claim as projected by the petitioner through his aforesaid legal notice is not to be accepted, then a speaking and well reasoned order be passed by respondent no.3 and the same be conveyed to the petitioner forthwith. (augustine george masih) judge 3 5.2013 sjks
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9487 of 2013 Date of Decision :

3. 5.2013 Sukhdev Singh ....Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr.R.S.Ahluwalia, Advocate, for the petitioner.

AUGUSTINE GEORGE MASIH, J.

(ORAL) Petitioner has approached this Court claiming the grant of pay scale of Rs.5910-20200 + Rs.2400 as grade pay with effect from 1.1.2006 and the corresponding pay scale of Rs.10300-34800 + Rs.3600 as grade pay with effect from 1.12.2011 on account of revision of pay scale as admissible to the post of Carpenter alongwith other consequential benefits.

It is asserted that the claim of the petitioner as made in the writ petition is covered by the judgment passed by this Court in Rs.No.3604 of 2007 titled as State of Punjab Versus Nirmal Singh, decided on 14.12.2007.

Counsel contends that the petitioner claiming the said benefit has served legal notice dated 17.9.2012 (Annexure-P-6) upon the respondents, but till date no relief has been granted to the petitioner not any decision conveyed.

He states that the petitioner, at this stage, would be satisfied if a direction is issued to the Senior Superintendent of Police, Faridkot-respondent No.3 to consider and decide the legal notice of the petitioner dated 17.9.2012 (Annexure-P-6) within some specified time.

CWP No.9487 of 2013 -2- Without going into the merits of the case or commenting thereon, the present writ petition is disposed of with a direction to the Senior Superintendent of Police, Faridkot-respondent No.3 to consider and decide the legal notice of the petitioner dated 17.9.2012 (Annexure-P-6) 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 benefit as claimed by him through his aforesaid legal notice, consequential benefits be granted to him within a further period of two months, in accordance with law.

If the claim as projected by the petitioner through his aforesaid legal notice is not to be accepted, then a speaking and well reasoned order be passed by respondent No.3 and the same be conveyed to the petitioner forthwith.

(AUGUSTINE GEORGE MASIH) JUDGE 3 5.2013 sjks