Asha Rani and Anr. Vs State of Punjab and Ors.

In this petition under Articles 226/227 of the Constitution of India, learned counsel for the petitioners contends that recommendations of the 4^th Punjab Pay Commission were accepted by the Punjab Government. The Commission recommended Assured Career Progression Scheme to be implemented with effect from 1.1.1996, which has been accepted by the respondent-State. Under the Scheme, the petitioners were entitled to the benefit of higher scales on completion of 8, 16, 24, 32 years of service on the same post. The benefit has not been released and, therefore, the petitioners got legal notice dated 8.7.2010 (Annexure P-1) served on the respondents. Response thereto, however, has not been received. Hence this petition.

Civil Writ Petition No.14938 of 2010

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I am of the opinion that, prima facie, the petitioners have been able to show to the court their right to seek response to the legal notice (Annexure P-1).

In such circumstances, the respondents are directed to take a decision on the legal notice (Annexure P-1) within a period of six month from the date of receipt of certified copy of this order by passing a reasoned and speaking order. The order be passed after giving an opportunity of hearing to the petitioners.

Disposed of in the above terms.

August 20, 2010 ( AJAI LAMBA ) Kang JUDGE

Asha Rani and Anr. v. State of Punjab and Ors.