PUNJAB & HARYANA HIGH COURT
CASE STATUS INFORMATION SYSTEM
CASE STATUS INFORMATION SYSTEM
Case Status : DISPOSED
Status of CIVIL WRIT PETITION 24529 of 2012
BHOOP SINGH AND OTHERS Vs. STATE OF HARYANA AND OTHERS
Pet's Adv. : UMESH NARANG
Last Listed On : Monday, February 11, 2013
List Type : Urgent
FIR No. : NO FIR DETAILS AVAILABLE / NOT A CRIMINAL CASE
Category : GOVT SERVICE (HY)-sb
Bench for Next Hearing Dt : NO BENCH MENTIONED
Bench for Last Hearing Dt : NO BENCH MENTIONED
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 24529 of 2012
Date of Decision:11
th
February, 2013
Bhoop Singh and others .....Petitioners
Vs.
State of Haryana & others ..... Respondents
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. Umesh Narang, Advocate
for the petitioners.
*****
Tejinder Singh Dhindsa, J. (Oral)
The petitioners are working on regular basis on the post
of JBT/C&V teacher/Head Teacher in the Haryana State Education
Department. In the light of instructions dated 25.07.2011 the benefit
of bunching increments that already stood granted to the petitioner
was withdrawn on the basis that the proviso to Rule 7 of the Revised
Pay Rules, 2008, would not be applicable. Some of the employees
who were identically situated to the petitioners challenged such
action in terms of filing Civil Writ Petition No.3027 of 2011 before
this Court and vide judgment dated 14.09.2011 the order of
reduction of pay was set aside and liberty had been granted to the
respondent-State to proceed further only after issuing of a show
cause notice. Counsel would even refer to judgment dated
03.11.2012 passed by this Court in Civil Writ Petition No.18438 of
2010 titled as Subhash Chander and others Vs. State of HaryanaCWP No. 24529 of 2012
- 2 -
and others as also other connected petitions (Annexure P-5)
whereby the instructions dated 14.06.2010, in the light of which the
benefit of bunching increments was sought to be withdrawn, were
quashed.
The present writ petition has been filed praying for the
issuance of a writ in the nature of mandamus for directing the
respondents to restore the pay of the petitioners which was reduced
and refixed at lower stages. Counsel would submit that even a legal
notice dated 5.11.2012 (Annexure P-6) already stand served.
In the light of the facts noticed hereinabove, I deem it
appropriate to dispose of the present writ petition with the direction
to respondent No.2 i.e. the Commissioner and Director General,
School Education, State of Haryana, to consider the grievance and
claim of the petitioner and to take a final decision on the legal notice
dated 5.11.2012 (Annexure P-6) strictly in accordance with law
within a period of 4 months from the date of receipt of certified
copy of this order.
The present writ petition is disposed of.
February 11, 2013 (TEJINDER SINGH DHINDSA)
Diwaker Gulati JUDGE
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