2006 Supreme(P&H) 4074
PUNJAB & HARYANA HIGH COURT
M.M.Kumar and M.M.S.Bedi JJ.
Joginder Pal
Versus
State Of Haryana
CIVIL WRIT PETITION No. 16635 of 2006,
Decided On : OCTOBER 19, 2006
Important Points
Subject
Employment Law - Promotion Disputes
Act Referred
Headnote
Grade Increment - Promotion to Head Teachers - The court directed the respondents to take cognizance of the legal notice and decide the claim expeditiously, with the benefit accruing to the petitioners if found meritorious.
Fact of the Case:
The petitioners sought a direction for the grant of one grade increment upon their promotion to the post of Head Teachers from the post of JBT Teachers under specific rules and legal precedents.
Finding of the Court:
The court directed the respondents to consider the legal notice and decide the claim expeditiously, with the benefit accruing to the petitioners if found meritorious.
Issues: Prayer for grade increment upon promotion, consideration of legal notice, and expeditious decision by respondents.
Ratio Decidendi: The court emphasized the need for the respondents to consider the legal notice and decide the claim expeditiously, with the benefit accruing to the petitioners if found meritorious.
Final Decision: The petition stands disposed of with the direction for the respondents to take cognizance of the legal notice and decide the claim expeditiously, with the benefit accruing to the petitioners if found meritorious.
M. M. KUMAR. J.
1. The prayer made in the writ petition is for issuance of direction to the respondents to grant one grade increment to the petitioners on their promotion to the post of Head Teachers from the post of JBT Teachers under Rule 4.4 (a) (i) of the Punjab Civil Service Rules, Volume I Part 1 (as applicable to the State of Haryana) as well as the law laid down by this court and the Hon ble Supreme Court.
2. For the aforementioned relief claimed in the present writ petition, the petitioners have already got served a legal notice dated 24.5.2006 (P-7), upon the respondents. Without going into the merits of the case, we deem it just and appropriate to direct the respondents to take cognizance of the legal notice sent by the petitioners and decide the same expeditiously preferably within a period of two months from the date a certified copy of this order is presented to them. If the claim of the petitioners is found to be meritorious and decided in thier favour then the benefit accruing to the petitioners shall be given within a further period of two months thereafter. It shall be appreciated if a speaking order is passed. Petition stands disposed of in the above terms.