Radhe Shyam Sharma & Ors. v. State of Haryana & Ors.
Case at a glance
Outcome
Disposed of
petition is disposed of with a direction to respondent No
Key paragraphs
- Para 55. In view thereof, without going into the merits of the case, the petition is disposed of with a direction to respondent No.4-Director, Elementary Education, to consider and decide the pending representation/legal notice, dated
Judgment
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Sourabh Sheoran, Advocate for the petitioners Ms. Tanushree Gupta, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to re-fix the petitioners’ pension by granting them benefit of annual increment in the last year of retirement.
Learned counsel for the petitioners contends that in the last year of retirement, the petitioners have completed the requisite six months or more of satisfactory service, and became entitled to one annual increment on that basis. The law in this regard stands settled by the Supreme Court in The Director (Admn. and HR) KPTCL and others v. C.P.Mundinamani and others, 2023 SCC Online SC 401, and this Court in CWP No.8364 of 2024, titled Suresh Kumar Singla and others v. State of Haryana and others, decided on 16.04.2024. Still, the petitioners’ claim has not been considered, nor has their representation/legal notice, dated 10.06.2024, Annexure P-10, been decided so far. PAYAL 2024.08.09 17:13 I attest to the accuracy and authenticity of this order/judgment CWP-19060-2024 -2-
Notice of motion. Ms. Tanushree Gupta, DAG, Haryana, accepts notice on behalf of the respondents and submits that the pending representation/legal notice, dated
10.06.2024, will be decided expeditiously by respondent No.4, keeping in view the law laid down in C.P.Mundinamani case (supra) and Suresh Kumar Singla case (supra).
Operative part
In view thereof, without going into the merits of the case, the petition is disposed of with a direction to respondent No.4-Director, Elementary Education, to consider and decide the pending representation/legal notice, dated
10.06.2024, in the light of the judgments mentioned above by passing a speaking order thereupon, within a period of three months of receiving a certified copy of this order. (TRIBHUVAN DAHIYA) JUDGE
08.08.2024 Payal Whether speaking/reasoned Whether reportable Yes/No Yes/No PAYAL 2024.08.09 17:13 I attest to the accuracy and authenticity of this order/judgment
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of with a direction to respondent No
Which court decided this case, and when?
Punjab & Haryana High Court, on 08 Aug 2024. The bench was TRIBHUVAN DAHIYA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.