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BALJIT KAUR versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Baljit Kaur v. State of Punjab & Ors - CWP-10686-2006 [2006] RD-P&H 4062 (13 July 2006)

In the High Court of Punjab & Haryana at Chandigarh.

Civil Writ Petition No.10686 of 2006.

Date of decision : 18.7.2006.

Baljit Kaur ...Petitioner.

vs.

The State of Punjab and others ...Respondents.

Coram: Hon'ble Mr. Justice J.S.Khehar.

Hon'ble Ms. Justice Kiran Anand Lall.

Present: Mr.R.K.Arora,Advocate,for the petitioner.

----

J.S.Khehar, J. (Oral)

Learned counsel for the petitioner vehemently contends that the petitioner became entitled for the release of pay at a higher stage under the Assured Career Progression Scheme on completion of 24 years of service in May 2000. It is further submitted that the emoluments of the petitioner have not been stepped up under the aforesaid scheme. In order to seek the aforesaid benefits, the petitioner is stated to have addressed a legal notice dated 12.5.2006 (Annexure P5). It is further pointed out that no decision has been taken by the respondents thereon till date.

Learned counsel for the petitioner states that the petitioner will be satisfied if the instant writ petition is disposed of with a direction to respondent no.2 i.e. the Director of Public Instructions (Secondary Education), Punjab, Chandigarh, requiring him to take a final decision on the legal notice dated 12.5.2006 (Annexure P5).

Notice of motion.

On our asking, Mr. Ashok Aggarwal, Additional Advocate ---

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

In view of the above, without going into the merits of the claim of the petitioner, we consider it just and appropriate to dispose of the instant writ petition with a direction to respondent no.2 i.e. the Director of Public Instructions (Secondary Education), Punjab, Chandigarh, to take a final decision on the legal notice dated 12.5.2006 (Annexure P5), by passing a well reasoned speaking order within two months from the date of receipt of certified copy of this order. In case, the petitioner is found to be entitled to any monetary benefits, the same shall be calculated and released to her within a further period of one month. It is further clarified that while releasing the aforesaid payment to the petitioner, she would be entitled to the unpaid wages for the period of three years and two months only preceding to the filing of the writ petition. It is further clarified that the instant writ petition was filed on 17.7.2006.

Disposed of accordingly.

Order dasti, on payment of usual charges.

(J.S.Khehar)

Judge.

18.7.2006. (Kiran Anand Lall)

vs. Judge.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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