Dismissed¶11

Gurmeet Kaur v. Vikas Partap and Another

Punjab & Haryana HC4 Feb 2025COCP/1094/2024

Case brief

AI extract

What is this about?

COCP contempt petition Punjab and Haryana High Court Chandigarh Harkesh Manuja Gurmeet Kaur Vikas Partap Animal Husbandry Punjab higher pay scale retiral dues interest two weeks undertaking salary stayed not pressed speaking order 16.12.2024 Writ Court order 19.09.2023 compliance report Dr. Gursharanjit Singh Bedi Sanjay Jhajhree Gunjan Mehta Addl. A.G.

What did the court decide?

Petition dismissed as not pressed on the strength of the respondents' undertaking to release the higher pay scale benefit with interest within two weeks; conditional safeguard that if the respondents fail to adhere to the undertaking, the salary of both respondents shall remain stayed till the petitioner's dues are released in her favour; rule stands discharged. ¶11

Gurmeet Kaur Vs Vikas Partap and Another — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the compliance report, the speaking order dated 16.12.2024 and the respondents' undertaking to release the higher pay scale benefits with interest within two weeks, the petitioner should continue to press the present contempt petition. +1 more

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Court's answer

In view of the stand taken by the respondents (compliance report with speaking order dated 16.12.2024 and undertaking to release the benefit with interest within two weeks), learned counsel for the petitioner did not press the petition, and the petition is dismissed as not pressed.

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Ratio / Principle

Noting that although the calculation and payment with interest was required to be concluded within 03 months of the order dated 19.09.2023 and a period of more than 01 year and 05 months had gone by, the Court directed that in case the respondents failed to adhere to their undertaking of making payment within two weeks from today, the salary of both the respondents shall remain stayed till the dues payable to the petitioner are released in her favour.

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Detailed headnote1 paragraphs

Punjab and Haryana High Court (Harkesh Manuja, J., oral) disposing of COCP No.1094 of 2024 (O&M), Gurmeet Kaur v. Vikas Partap and Another, seeking enforcement of the Writ Court order dated 19.09.2023 whereby the petitioner was held entitled to higher pay scale benefit, with calculation and payment of retiral dues with interest to be concluded within 03 months. Compliance report with affidavit of Dr. Gursharanjit Singh Bedi, Director Animal Husbandry, Punjab, and speaking order dated 16.12.2024 according the benefits were taken on record; learned State counsel (on instructions of Sh. Sanjay Jhajhree, Asstt. Legal Cell, Animal Husbandry, Punjab) undertook release of payment with interest within two weeks. Petition dismissed as not pressed; noting delay of over 01 year and 05 months, the Court ordered that in case the respondents fail to adhere to the undertaking, the salary of both respondents shall remain stayed till the petitioner's dues are released. Rule discharged.

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COCP No.1094 of 2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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145

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COCP No.1094 of 2024 (O&M) Date of Decision: 04.02.2025 GURMEET KAUR ......Petitioner

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VIKAS PARTAP AND ANOTHER ....Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. C.L. Sharma, Advocate for the petitioner.

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Mr. Gunjan Mehta, Addl. A.G., Pu n jab. ****

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HARKESH MANUJA, J. (Oral)

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Co m pliance report by way of affid a vit of Dr. Gursharanjit Singh B e di, Director Anima l Husbandry, Punjab, has been f iled in Court, the same is take n on record. As per s peaking order dated 16.12.202 4 attached therewith, the petiti o ner has been accor d ed the benefits towards higher p ay scale/retiral dues in terms of the order passed by the Writ Court and based there u pon calculation has been made. 2. Le a rned State counsel further o n instructions from Sh. Sa n jay Jhajhree, Asstt. Legal Cell, Animal Husbandr y , Punjab submits that the pay m ent qua the aforem e ntioned benefit along with int e rest shall be released in favou r of the petitioner w i thin two weeks from today.

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In view of aforementioned stand taken by the respondents, lear n ed counsel for the p etitioner does not press the pre s ent petition. 4. Di s missed as not pressed. Howe v er, considering the fact in h a nd, wherein the pe t itioner was held entitled for g r ant of benefit towards higher p ay scale vide ord e r dated 19.09.2023 and the e xercise regarding calculation a nd payment thereof with interest was required t o be concluded within 03 mon t hs, however, a period of more than 01 year and 05 months has gone by; in case the respondents fai l ed to adhere to the aforestate d undertaking of making pay m ent within two we e ks from today, the salary of b oth the respondents shall re m ain stayed till the d u es payable to the petitioner are r eleased in her favour. 5. Ru l e stands discharged.

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(HARKESH MANUJA) February 04, 2025 JUDGE Atik W h ether speaking/reasoned Ye s /No W h ether reportable Ye s /No

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MOHMED ATIK 2025.02.05 10:23 I attest to the accuracy and authenticity of this order/judgment

Gurmeet Kaur v. Vikas Partap and Another

Case brief

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Gurmeet Kaur v. Vikas Partap and Another

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