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Kulwant Singh v. State of Punjab & Ors - CWP-6070-2006 [2006] RD-P&H 2575 (25 April 2006)


Case No. : C.W.P.No.6070 of 2006

Date of Decision : April 21, 2006.

Kulwant Singh .... Petitioner


State of Punjab & others .... Respondents Coram : Hon'ble Mr.Justice J.S.Khehar

Hon'ble Mr.Justice P.S.Patwalia

* * *

Present : Mr.Sukhpal Singh, Advocate

for the petitioner.

* * *

J.S.Khehar, J. (Oral) :

Through the instant writ petition, the petitioner desires fixation of his basic pay as on 08.01.1996 at the same level as that of his junior Balbir Singh Rai, since retired Principal, DIET, Jagraon, District Ludhiana.

Learned counsel for the petitioner states that on the issue in hand, the petitioner has already submitted a legal notice dated 17.01.2006 (Annexure P-8). However, no decision has been taken thereon till date. He further states that the petitioner would be satisfied if the instant writ petition is disposed of with a direction to respondents no.2 i.e. Director, Department of Education (Schools), Punjab, requiring him to take a final decision on the legal notice dated 17.01.2006 (Annexure P-8).

Notice of motion.

On our asking, Mr.Ashok Aggarwal, Addl.A.G., Punjab accepts C.W.P.No.6070 of 2006 : 2 :

notice on behalf of respondents no.1 to 4. Learned counsel for the respondents states that he has no objection to the disposal of instant writ petition in terms of the prayer made by the learned counsel for the petitioner.

In view of the above, without going into the merits of the claim raised by the petitioner, we consider it just and appropriate to dispose of the instant writ petition by directing respondent no.2 i.e. Director, Department of Education (Schools), Punjab, to take a final decision on the legal notice dated 17.01.2006 (Annexure P-8) by passing a well reasoned speaking order within three months from the date of receipt of a certified copy of this order.

In case, the petitioner is found entitled to any monetary benefits, the same shall be calculated and released to the petitioner within a further period of one month. It is, however, clarified that arrears payable to the petitioner shall be limited for a period of three years and two months before the filing of the instant writ petition. It is also clarified that the instant writ petition was filed on April 20, 2006.

Disposed of, accordingly.

Order dasti on payment of usual charges.

( J.S.Khehar )


April 21, 2006 ( P.S.Patwalia )

monika Judge


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