Disposed

Balbir Singh and Others v. State of Haryana and Others

Punjab & Haryana HC13 Feb 2019CWP/2324/2019

Case brief

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What is this about?

In a writ petition concerning promotion increment benefits, the Court, without expressing an opinion on merits, directed the respondents to decide a legal notice served by the petitioners regarding salary disparity upon promotion within three months and to release any due benefits within a further three months, thereby disposing of the petition.

What did the court decide?

Direct respondents to decide legal notice dated 07.12.2018 within three months and release any monetary entitlements within next three months.

Balbir Singh and Others Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2019)

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CWP-2324-2019

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-2324-2019 Date of decision: - 13.02.2019

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Balbir Singh and others

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....Petitioners

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Versus

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State of Haryana and others

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.....Respondents

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CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

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Present:Mr. Sandeep Singal, Advocate, for the petitioners.

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HARSIMRAN SINGH SETHI, J. (ORAL)

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In the present writ petition, the claim which is being made by the petitioners is that when they are granted the promotion to the post of Sub-Division Officer or the Executive Engineer, as the case may be, they were not granted any benefit of increment on the ground that they were already drawing the salary more in the feeder cadre than they could have got while fixing their salary in the promoted cadre.

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Counsel for the petitioners further states that instructions (Annexure P-1) have been issued by the Government of Haryana on 15.03.2018 that on promotion at least one increment is to be granted to every employee even if he was drawing more salary in a feeder cadre, than the salary of the promoted post.

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Counsel for the petitioners further states that for the relief which has been sought in the present writ petition, the petitioners

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NARESH KUMAR 2019.02.20 11:08 I attest to the accuracy and integrity of this document Chandigarh

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CWP-2324-2019

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have served the respondents with a legal notice on 07.12.2018 (Annexure P-4), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

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In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioners, the respondents are directed to decide the legal notice dated 07.12.2018 (Annexure P-4) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months.

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Present writ petition stands disposed of.

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February 13, 2019 naresh.k

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( HARSIMRAN SINGH SETHI ) JUDGE

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Whether reasoned/speaking? Yes Whether reportable? No

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NARESH KUMAR 2019.02.20 11:08 I attest to the accuracy and integrity of this document Chandigarh

Balbir Singh and Others v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Balbir Singh and Others v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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