SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(HP) 917

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Kurian Joseph, and Rajiv Sharma, Judge.
Mahinder Singh
Versus
State of H.P. & anr.
CWP No. 939 of 2011
Decided on : March 4, 2011.

Advocates Appeared:
For the petitioner:Mr. Yogesh Kumar Chandel, Advocate.
For the Respondents: Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G.

The court has the authority to issue a mandamus directing a public authority to perform a legal duty, and entitlement to benefits should be considered in accordance with the law.

Headnote:

Mandamus - Work Charge Status - The court directed the respondent to consider the petitioner's representation and take appropriate action within a specified timeframe, and if entitled, to disburse benefits accordingly.

Fact of the Case:

The petitioner sought a writ in the nature of mandamus to grant work charge status with associated benefits, citing a pending representation before the respondent.

Finding of the Court:

The court directed the respondent to review the petitioner's representation and take necessary action within a specified timeframe, with a directive to disburse entitled benefits if found applicable.

Issues: Prayer for mandamus, pending representation, entitlement to benefits.

Ratio Decidendi: The court's decision was based on the petitioner's pending representation and the entitlement to benefits, leading to the directive for the respondent to take appropriate action within a specified timeframe.

Final Decision: The Writ Petition was disposed of, and any pending application(s) were also disposed of.

JUDGMENT

Kurian Joseph, J.

The Writ Petition is filed with the following prayer:

“i) That the writ in the nature of mandamus may kindly be issued to the respondent to give work charge status to the petitioner with effect from 1.1.2002 with all the benefits incidental thereof such as arrear of salary, pay fixation and seniority etc.”

2. The petitioner submits that Annexure P-4, representation is pending before the first respondent. There will be a direction to the first respondent to look into the matter and take appropriate action in accordance with law, adverting to the submissions made in the representation within another four months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. In case the petitioner is found entitled for any benefits in the process, such benefits shall be disbursed to him within another one month.

3. The Writ Petition is disposed of, so also the pending application(s), if any.


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top