The petitioner, a regularized peon, seeks regular pay scale and regularisation of services. He relies on a prior High Court order covering his case and having served a legal notice without response.
Direction to respondent No.3 to consider and decide the legal notice dated 7.4.2009 expeditiously, preferably within three months.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 10983 of 2009
DATE OF DECISION : 27.07.2009
Manpreet Singh
.... PETITIONER
Versus
State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Sharwan Sehgal, Advocate, for the petitioner.
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner, who is working as Peon in Nagar Panchayat, Maloud, District Ludhiana, has filed the instant petition for issuing direction to the respondents to regularise his services on the post of Peon and to pay him the regular pay scale for the said post.
It is the case of the petitioner that he was appointed as Peon on 1.11.1998 on ad-hoc basis and thereafter, on 1.5.2001, his services were terminated. He raised an industrial dispute against his termination and ultimately, the Presiding Officer, Labour Court, Ludhiana, vide Award dted 16.3.2004, set aside the order of termination and re-instated the petitioner in service with full back wages. In pursuance of the said Award, which was upheld by this Court, the petitioner was taken back in service on
CWP No. 10983 of 2009
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31.10.2006. Since then, he has been regularly working. It is the case of the petitioner that he is entitled for regularisation of his services as well as for regular pay scale and his case is fully covered by the order dated 31.10.2008 (Annexure P-6), passed by this Court in CWP No. 8671 of 1987, titled as Pardeep Kumar and others versus State of Punjab and others.
Counsel for the petitioner states that regarding the relief claimed in this petition, the petitioner has already served a legal notice dated 7.4.2009 (Annexure P-7) upon the respondents, but the same has not been considered and decided so far. He further states that the petitioner will be satisfied if a direction is issued to respondent No.3 to decide the aforesaid legal notice within a specific period.
In view of the above, without issuing notice of motion as it will un-necessary delay the matter, this petition is disposed of with a direction to respondent No.3 to consider and decide the legal notice dated 7.4.2009 (Annexure P-7) in accordance with law, expeditiously, preferably within a period of three months.
July 27, 2009 ndj
( SATISH KUMAR MITTAL ) JUDGE
1 issue framed by the court
Whether the petitioner is entitled to a direction to decide his legal notice regarding regularisation of services and regular pay scale.
Colour shows how this judgement treated each authority
Pardeep Kumar and others versus State of Punjab and othersReferred¶17
CWP No. 8671 of 1987
Manpreet Singh
State of Punjab
others
Satish Kumar Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
