Petitioners appointed as clerks in 2013 with a deemed date of 1990 sought arrears. The Court, without deciding merits, directed respondents to act on the pending legal notice within six months and dispose of it.
Direction to respondents to examine the legal notice dated 12.04.2018 and decide it within six months.
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CWP No. 17290-2018
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 17290-2018 Date of decision : 18.07.2018
Mahender Singh and others
...Petitioners
versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Sahlender Mohan, Advocate for the petitioners.
RITU BAHRI , J. (Oral)
The grievance of the petitioners before this Court is that they were appointed to the post of Clerk in the year 2013 in different departments with respondent No. 1 and were given deemed date of appointment w.e.f 12.04.1990 but till today neither any arrears have been given regarding the above said delay and the petitioners are entitled for the arrears from the deemed date of appointment or restricted to 38 months as followed by number of judgments by this Court as well as by the Hon'ble Apex Court. The petitioners are in litigation for the last about 24 years till their appointment in 2013.
In this regard, the petitioners have submitted the legal notice dated 12.04.2018 (Annexure P-3), which has not been decided yet.
In view of the above factual position, this petition, at this stage is being disposed of without expressing any opinion on the merits of the case, by giving a direction to respondents to look in to the legal notice dated
Gaurav Arora 2018.07.25 10:46 I attest to the accuracy and integrity of this document Chandigarh
CWP No. 17290-2018
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12.04.2018 (Annexure P-3) of the petitioners and decide the same in accordance with law, within a period of six months' from the date of receipt of certified copy of this order.
( RITU BAHRI) JUDGE
18.07.2018 G Arora
Whether speaking/reasoned Whether reportable
Yes No
Gaurav Arora 2018.07.25 10:46 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether respondents must address the pending legal notice regarding arrears of pay for deemed appointment of clerks.
Whether a direction to dispose of the legal notice within six months is appropriate to resolve the grievance.
Mahender Singh and others
State of Haryana and others
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
