Disposed

Sher Singh and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC2 May 2012CWP/8036/2012

Case brief

AI extract

What is this about?

Petitioners claimed technical pay scale invoking benefit of two prior judgments and Government instructions. Court directed S.E.s at Bhiwani and Hisar to decide the served legal notice within four months and arrange benefit release within a further two months if claim succeeded.

What did the court decide?

Directions to Superintending Engineers at Bhiwani and Hisar to decide the claim under legal notice within four months and release consequential benefits within two months thereafter if entitled.

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

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C.W.P. No.8036 OF 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P. No.8036 OF 2012

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DATE OF DECISION : 02.05.2012

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Sher Singh and others

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…Petitioners

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Versus

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State of Haryana and another …Respondents

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CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

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Present :Mr. Dhiraj Chawla, Advocate, for the petitioners.

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AUGUSTINE GEORGE MASIH, J. (ORAL)

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Petitioners are claiming technical pay scale on the ground that they are working on technical post and thus, are entitled to the pay scale of Rs.1200-2040 with effect from 01.05.1990.

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Counsel for the petitioners contends that the claim of the petitioners is supported by the judgment passed by this Court in CWP No. 18754 of 1991 titled as Gurdev Singh and others vs. State of Haryana and others, decided on 18.01.2010 and thereafter, a judgment passed by this Court in C.W.P No.20006 of 2010 titled as ' Mahender

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Singh and others Vs. State of Haryana and others , decided on 03.06.2011. Government of Haryana has accepted the law as laid down by this Court and in pursuance thereto has passed instructions dated 09.08.2010 (Annexure P-9) to which the claim of the petitioners is covered.

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Relying on these judgments as well as the instructions, petitioners have served a legal notice dated 07.03.2012 (Annexure P-12) on the respondents praying for the benefit of grant of technical pay scale as per the judgments of this Court and the instructions passed by the Government of Haryana. It has been stated that the said legal notice is

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C.W.P. No.8036 OF 2012

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still pending consideration without any decision thereon.

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Counsel for the petitioners states that the petitioners, at this stage, would be satisfied if a direction is issued to the Superintending Engineer, PWD Public Health Engineering, Bhiwani-Respondent No.3 and the Superintending Engineer, PWD Public Health Engineering, HisarRespondent No.4 to consider and decide the legal notice dated dated 07.03.2012 (Annexure P-12) within some specified time.

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Without going in the merits of the case or commenting thereon, this writ petition is disposed of with directions to the Superintending Engineer, PWD Public Health Engineering, Bhiwani-Respondent No.3 and the Superintending Engineer, PWD Public Health Engineering, HisarRespondent No.4 to consider and decide the claim of the petitioners as projected by them through their legal notice dated 07.03.2012 (Annexure P-12) within a period of four months from the date of receipt of certified copy of this order. The decision so taken be conveyed to the petitioners forthwith.

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In case the petitioners are held entitled to the claim as made by them through their legal notice, the consequential benefits, if any, be released to them, in accordance with law, within a further period of two months.

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(AUGUSTINE GEORGE MASIH)

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JUDGE

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02.05.2012 adhikari

Sher Singh and Ors. v. State of Haryana and Ors.

Case brief

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Sher Singh and Ors. v. State of Haryana and Ors.

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