Disposed

Ravi Dutt & Ors. v. State of Haryana & Ors.

Punjab & Haryana HC28 Jan 2013CWP/1679/2013

Case brief

AI extract

What is this about?

In this writ petition, petitioners sought mandamus for salary arrears, claiming entitlement to a higher basic pay grade. The High Court disposed of the petition by directing the Director, Elementary Education, to decide the petitioners' representations within three months and release consequential benefits if the claim is allowed.

What did the court decide?

Order directed Director, Elementary Education, Panchkula to decide representations within three months and release benefits within two months if claim allowed.

Ravi Dutt & Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.1679 of 2013 (O&M) Date of Decision: 28.01.2013.

Ravi Dutt & others

--Petitioners

Versus

State of Haryana & others

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--Respondents

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CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

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Present:Mr. Raje Ram Kaushik, Advocate for the petitioners.

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TEJINDER SINGH DHINDSA.J

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Petitioners are praying for a writ of mandamus directing the respondents to release the salary of the petitioners treating their basic pay as Rs.16,290/- instead of Rs.13,500/- with effect from their initial date of appointment and arrears of salary on such grant of the basic pay.

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It is the contention of the petitioners that in the light of the notification dated 30.12.2008 (Annexure-P-2), they are entitled to the grade pay scale of Rs.16,290/-. It has further been contended that the persons, who were appointed along with the petitioners, have been granted the basic pay of Rs.16,290/- as per the Haryana Civil Services (Revised Pay) Rules, 2008, but this benefit has not been granted to the petitioners. On this basis, petitioners have submitted representations dated 05.1.2012 (Annexures P-5 & P-6) and 5.8.2012 (Annexure P-7) respectively to the respondents, but without any response from their side.

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Counsel for the petitioners states that the petitioners, at this stage, would be satisfied, if direction is issued to the Director, Elementary Education, Panchkula, Haryana-respondent No. 3 to consider and decide the representations at Annexures P-5 to P-7, referred to herein above within

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CWP No.1679 of 2013 (O&M)

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-2-

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some specified time.

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Without going into the merits of the case or commenting thereon, the present petition is disposed of with direction to the Director, Elementary Education, Panchkula, Haryana-respondent No. 3 to consider and decide the representations at Annexures P-5 to P-7 within a period of three months from the date of receipt of certified copy of this order. The decision, so taken, be conveyed to the petitioners forthwith. In case, the petitioners are held entitled to the claim made by them through their representations at Annexures P-5 to P-7, referred to herein above, the consequential benefits, if any, be released to them, in accordance with law, within a further period of two months. If the claim of the petitioners projected through their representations is rejected, then a speaking and well reasoned order be passed by the respondents.

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Petition disposed of.

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(TEJINDER SINGH DHINDSA) JUDGE

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28.01.2013 lucky

Ravi Dutt & Ors. v. State of Haryana & Ors.

Case brief

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Ravi Dutt & Ors. v. State of Haryana & Ors.

Case brief

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