Disposed

Om Prakash v. State of Haryana and Others

Punjab & Haryana HC8 Jan 2024CWP/117/2024

Case brief

AI extract

What is this about?

Petitioner sought directions to fix pension and release gratuity and retiral benefits, or alternatively decide his pending representation. The court, without going into merits, directed respondent No.2/Director, Directorate of School Education to decide the pending legal notice by a speaking order within two months, failing which costs of Rs.25,000 were payable.

What did the court decide?

Direction to respondent No.2 to decide pending legal notice dated 14.10.2023 by speaking order within two months; costs of ₹25,000 on default.

Om Prakash Vs State of Haryana and… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

2024:PHHC:000994

CWP-117-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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135 CWP-117-2024 Date of Decision: 08.01.2024

Om Prakash

…Petitioner(s)

Versus

State of Haryana and others …Respondent(s)

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CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

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Present:Mr. Mukesh Yadav, Advocate for the petitioner

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Ms. Tanushree Gupta, DAG, Haryana

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TRIBHUVAN DAHIYA, J. (Oral)

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This petition has been filed, inter alia , seeking a writ of mandamus directing the respondents to decide/consider the representation dated 14.10.2023, Annexure P-2. Further, a writ of mandamus has been sought directing the respondents to fix the pension, release pensionary benefits, amount of gratuity and all retiral benefits along with interest at the rate of eighteen per cent per annum after considering whole service period of the petitioner.

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Learned counsel for the petitioner submits that grievance raised herein is pending for appropriate decision before the respondents. At this stage, the petitioner will be satisfied in case respondent No.2 is directed to decide the pending legal notice, dated 14.10.2023, Annexure P-2, in a

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specified period.

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PAYAL 2024.01.09 16:53 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:000994

CWP-117-2024

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Notice of motion.

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Ms. Tanushree Gupta, DAG, Haryana, appearing on advance notice, submits that the pending legal notice shall be decided by respondent No.2 expeditiously.

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In view thereof, without going into merits of the case, the petition is disposed of with a direction to respondent No.2/Director, Directorate of School Education, to consider and decide the pending legal notice dated 14.10.2023, by passing a speaking order, keeping in view the law laid down in Kanta Devi v. State of Haryana and others; CWP-5223-2018 passed by this Court on 29.11.2022, within a period of two months from the date of receiving a certified copy of this order.

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In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹25,000 to the petitioner.

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(TRIBHUVAN DAHIYA) JUDGE

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08.01.2024 Payal
	Whether speaking/reasoned	Yes/No
	Whether reportable	Yes/No

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PAYAL 2024.01.09 16:53 I attest to the accuracy and authenticity of this order/judgment

Om Prakash v. State of Haryana and Others

Case brief

What is this about?

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Om Prakash v. State of Haryana and Others

Case brief

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