High Court of Punjab and Haryana, Chandigarh
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OM PARKASH v. STATE OF HARYANA & Anr - CWP-1118-2006  RD-P&H 47 (6 January 2006)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP NO.1118 OF 2006
DATE OF DECISION: 24.1.2006
Om Parkash ....Petitioner.
State of Haryana and another ....Respondents.
CORAM: HON'BLE MR.JUSTICE J.S. KHEHAR
HON'BLE MR.JUSTICE S.N. AGGARWAL
PRESENT: Mr. Hari Om Sharma, Advocate for the petitioners.
J.S. Khehar, J. (oral)
The petitioner was placed in the pay scale of Rs.5000-7850 with effect from 1.12.2003 by an order dated 30.12.2004. The petitioner claims wages in the pay scale of Rs.5000-7850 with effect from 1.1.1996 because persons similarly situated as the petitioner have been granted the said scale with effect from 1.1.1996. On the issue in hand, the petitioner is stated to have submitted a legal notice dated 7.5.2005 (Annexure P5). It is, however, contended that no decision has been taken thereon till date.
Learned counsel for the petitioner states that the petitioner will CWP NO.1118 OF 2006 2
be satisfied if the aforesaid legal notice is required to be disposed of by respondent No.2 i.e. the Deputy Commissioner, Jind.
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. the Deputy Commissioner, Jind, to take a final decision on the legal notice dated 7.5.2005 (Annexure P5)., 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 the petitioner will be entitled to arrears limited to 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 by the petitioner on 23.1.2006.
Disposed of accordingly.
Order dasti on payment of usual charges.
( J.S. Khehar )
( S.N. Aggarwal)
January 24, 2006. Judge
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