Disposed

Ashok Kumar and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC3 Aug 2012CWP/2534/2002

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking quashing of an order rejecting claims for 2/3 advance increments. Relying on the Supreme Court judgment in State of Haryana vs. Hem Lata Gupta, the Court directed respondents to consider the petitioners' claims in terms of that law.

What did the court decide?

Direction to respondents to consider petitioners' claims for advance increments in terms of the Supreme Court judgment if not already done.

Ashok Kumar and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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CWP No.2534 of 2002

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.2534 of 2002 Date of Decision: 03.08.2012

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Ashok Kumar and others

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.....Petitioners

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Versus

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The State of Haryana and another

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.....Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. R.N. Sharma, Advocate, for the petitioners. Mr. Sidharth Sarup, DAG, Haryana.

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PARAMJEET SINGH, J. (ORAL)

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Present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari quashing the order dated 17.12.1999 (Annexure P-6) passed by respondent No.2, vide which the claim of the petitioners for grant of 2/3 increments from the date they have acquired the qualification of MA/MSc has been rejected in reference to legal/demand notice. Further prayer is for issuance of a writ in the nature of mandamus directing the respondents to extend the benefit of 2/3 advance increments from the date the petitioners have acquired the qualifications of MA/MSc in terms of provisions of Statutory Service Rules called as 'Punjab Educational Service Class-III (School Cadre) Rule, 1955' and as supplemented by Government instructions as contained in letter dated 1.9.1960 (Annexure P-3) applicable to the petitioners with consequential benefits including refixation of pay and payment of arrears etc. as law laid down by this Court in CWP No.19353 of 1996 titled 'Sudarshan Kumar and others vs.

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CWP No.2534 of 2002

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State of Haryana and others' decided on 4.4.1997.

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This case was adjourned since die on 23.8.2002 to await the decision of the SLP. This case has now been listed for hearing by the Registry with the report that the Special Leave Petition in the case of State of Haryana and others vs. Hem Lata Gupta and others has since been decided by the Hon'ble Supreme Court. The judgment of the Hon'ble Supreme Court is reported in 2010(1) RSJ 596 , copy whereof has been placed on the file.

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Learned counsel for the petitioners as well as State are ad idem that this matter is covered by the judgment of Hon'ble Supreme Court in State of Haryana and others vs. Hem Lata Gupta and others (supra).

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Disposed of with a direction to the respondents to consider the claims of the petitioners in terms of the law laid down by the Hon'ble Supreme Court in the afore-mentioned judgment, if already not considered and decided as directed by the Hon'ble Supreme Court.

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(Paramjeet Singh) Judge

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August 03, 2012 R.S.

Ashok Kumar and Ors. v. State of Haryana and Ors.

Case brief

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Ashok Kumar and Ors. v. State of Haryana and Ors.

Case brief

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