Disposed

Sat Pal v. State of Punjab and Ors.

Punjab & Haryana HC21 May 2013CWP/11039/2013

Case brief

AI extract

What is this about?

In a writ petition regarding a claim for a higher grade, the Court directed the Director of Public Instructions to consider the petitioner's representation within three months. The authorities were instructed to keep a relevant prior judgment in mind while deciding the claim. Arrears were capped at 38 months from the date of filing the representation.

What did the court decide?

Direction to respondent No.2 to consider the representation within three months and release consequential benefits within two months if accepted; admin arrears restricted to 38 months.

Sat Pal Vs State of Punjab and Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

¶1

Civil Writ Petition No.11039 of 2013 { 1 }

¶2

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶3

Date of Decision: May 21, 2013

Sat Pal

...Petitioner

Versus

State of Punjab & another

¶8

...Respondents

¶9

CORAM:- HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

¶10

PRESENT: Mr.Vikas Chatrath, Advocate, for the petitioner.

¶11

¶12

AUGUSTINE GEORGE MASIH, J. (ORAL)

¶13

Learned counsel appearing for the petitioner refers to order dated 03.01.2012 passed by this Court in CWP No.70 of 2012 (O&M) “Saranjit Kaur and others Vs. State of Punjab and others (Annexure P-9), wherein in the case of identically situated employees, directions have been issued to consider the claims of the petitioners therein, in the light of the decision of this Court rendered in CWP No.3931 of 1992 titled as Baldev Raj Mittal and others Vs. State of Punjab and others, decided on 15.04.2009 (Annexure P-7).

¶14

The present petitioner is stated to be identically situated and is seeking higher grade as per qualification possessed by him in view of the Government Instructions dated 23.07.1957 (Annexure P- 2).

¶15

In the light of averments made in the present petition,

¶16

Civil Writ Petition No.11039 of 2013 { 2 }

¶17

I deem it appropriate to dispose of the present writ petition with a direction to respondent No.2-Director, Public Instructions (Secondary Education), Punjab to decide the representation dated 22.10.2012 (Annexure P-8) within a period of three months from the date of a receipt of a certified copy of this order.

¶18

Suffice it to observe that while considering and deciding the claim of the petitioner, the authorities shall keep in mind the judgment dated 15.04.2009, rendered by this Court in Baldev Raj Mittal and others Vs. State of Punjab and others (Annexure P-7).

¶19

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 two months.

¶20

Arrears shall be restricted to 38 months from the date of filing of the representation.

¶21

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.

¶22

Disposed of.

¶23

May 21, 2013 ramesh

¶24

(AUGUSTINE GEORGE MASIH) JUDGE

Sat Pal v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Sat Pal v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Aksra Kumari Vs State of Punjab and Ors.

Jaswinder Singh Bedi etc. Vs State of Punjab etc.

Mohinderpal & Ors. Vs State of Punjab & Ors.

Krishan Chand Vs State of Punjab & Ors.

Malkit Singh Vs State of Punjab and Ors.

Amandeep Garg Vs State of Punjab and Ors.