Present: Mr. J. K. Goel Advocate Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1141359
CourtPunjab and Haryana High Court
Decided OnMay-23-2014
AppellantPresent: Mr. J. K. Goel Advocate
RespondentState of Haryana and Others
Excerpt:
civil writ petition no.10212 of2014:{ 1 }: in the high court of punjab and haryana at chandigarh date of decision: may23 2014 amrit lal aggarwal .....petitioner versus state of haryana and others ....respondents coram:- hon'ble mr.justice augustine george masih present: mr.j.k. goel, advocate, for the petitioner. ***** augustine george masih, j. (oral) petitioner has approached this court, praying for issuance of a direction to the respondents to consider his basic pay as ` 54,700/-, which is corresponding to the pay scale of ` 18,900/- with effect from 01.01.2006 and thereafter grant him the revised pension and pensionary benefits alongwith 18% interest. it is claimed by counsel for the petitioner that the assertion as made by the petitioner and the prayer made in the writ petition is covered in his favour by the judgement passed by this court in civil writ petition no.19641 of 2009 (r.k.aggarwal and others versus state of haryana and others).decided on 21.12.2012 (annexure p-1).further, petitioner has served a legal notice dated 12.04.2014 (annexure p-2) upon the khurmi rakesh 2014.05.26 10:52 i attest to the accuracy and integrity of this document civil writ petition no.10212 of2014:{ 2 }: respondents, which has till date not been decided. counsel contends that the petitioner, at this stage, would be satisfied if a direction is issued to the financial commissioner-cum- principal secretary, irrigation department, haryana, chandigarh-respondent no.1 to consider and decide the legal notice dated 12.04.2014 (annexure p- 2) filed by the petitioner, within some specified time. in view of the statement made by the counsel for the petitioner and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to the financial commissioner-cum-principal secretary, irrigation department, haryana, chandigarh-respondent no.1 to consider and decide the legal notice dated 12.04.2014 (annexure p-2) within a period of six months from the date of receipt of certified copy of this order. in case the claim of the petitioner is accepted, the consequential benefits, if any, be released to him, in accordance with law, within a further period of one months. in case the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioner forthwith. may 23, 2014 ( augustine george masih ) khurmi judge khurmi rakesh 2014.05.26 10:52 i attest to the accuracy and integrity of this document
Judgment:

CIVIL WRIT PETITION NO.10212 OF2014:{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: MAY23 2014 Amrit Lal Aggarwal .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Present: Mr.J.K.

Goel, Advocate, for the petitioner.

***** AUGUSTINE GEORGE MASIH, J.

(ORAL) Petitioner has approached this Court, praying for issuance of a direction to the respondents to consider his basic pay as ` 54,700/-, which is corresponding to the pay scale of ` 18,900/- with effect from 01.01.2006 and thereafter grant him the revised pension and pensionary benefits alongwith 18% interest.

It is claimed by counsel for the petitioner that the assertion as made by the petitioner and the prayer made in the writ petition is covered in his favour by the judgement passed by this Court in Civil Writ Petition No.19641 of 2009 (R.K.Aggarwal and others versus State of Haryana and others).decided on 21.12.2012 (Annexure P-1).Further, petitioner has served a legal notice dated 12.04.2014 (Annexure P-2) upon the Khurmi Rakesh 2014.05.26 10:52 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION NO.10212 OF2014:{ 2 }: respondents, which has till date not been decided.

Counsel contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Financial Commissioner-cum- Principal Secretary, Irrigation Department, Haryana, Chandigarh-respondent No.1 to consider and decide the legal notice dated 12.04.2014 (Annexure P- 2) filed by the petitioner, within some specified time.

In view of the statement made by the counsel for the petitioner and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to the Financial Commissioner-cum-Principal Secretary, Irrigation Department, Haryana, Chandigarh-respondent No.1 to consider and decide the legal notice dated 12.04.2014 (Annexure P-2) within a period of six months from the date of receipt of certified copy of this order.

In case the claim of the petitioner is accepted, the consequential benefits, if any, be released to him, in accordance with law, within a further period of one months.

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

May 23, 2014 ( AUGUSTINE GEORGE MASIH ) khurmi JUDGE Khurmi Rakesh 2014.05.26 10:52 I attest to the accuracy and integrity of this document