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2018 Supreme(P&H) 3652

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Ajay Kumar Mittal, Anupinder Singh Grewal, JJ.
Parvinder Singh Kittna - Appellant
Versus
State Of Punjab - Respondent
Civil Writ Petition No.610 of 2018
Decided On : 15-01-2018

Advocates Appeared:
Hari Chand Arora, Advocate, For the Petitioner

Headnote:

Mandamus - Sarpanches - The court disposed of the petition by directing the respondent to take a decision on the legal notice and pass a speaking order within two months.

Fact of the Case:

The petitioner filed a public interest litigation seeking a writ of mandamus to direct the release of honorarium to Sarpanches in Punjab from July 2013 onwards, citing deprivation of honorarium and the inability of poor Sarpanches, including those from the Scheduled Caste community, to discharge their duties without payment.

Finding of the Court:

The court disposed of the petition without commenting on the merits of the case, directing the respondent to take a decision on the legal notice and pass a speaking order within two months.

Issues: The issues involved the deprivation of honorarium to Sarpanches in Punjab and the inability of poor Sarpanches, including those from the Scheduled Caste community, to discharge their duties without payment.

Ratio Decidendi: The court's decision was based on the need for the respondent to take a decision on the legal notice and pass a speaking order within two months, without commenting on the merits of the case.

Final Decision: The court directed the respondent to take a decision on the legal notice and pass a speaking order within two months, disposing of the petition at this stage.

JUDGMENT

Ajay Kumar Mittal, J.(Oral)The petitioner has approached this Court by way of public interest litigation under Article 226 of the Constitution of India, inter alia, seeking a writ in the nature of mandamus directing the respondents to immediate release honorarium to the Sarpanches in the State of Punjab, with effect from July, 2013 onwards for the following reasons:-

(i) The Sarpanches in the State of Punjab, which include Sarpanches of Scheduled Caste community also, have been deprived of the paltry amount of honorarium @ ` 1200/- per month, in completely unjustified manner; and

(ii) a substantial number of Sarpanches in the State of Punjab are quite poor and belong to Schedules Caste and cannot afford to discharge their duties without payment of such honorarium to them.

2. Learned counsel for the petitioner submitted that for the claim made in this writ petition, the petitioner had sent a legal notice dated 07.07.2017 (Annexure P-3) to the respondents, but the same having been un-redressed, which has given cause of action to the petitioner to approach this Court by way of writ of mandamus.

3. After hearing learned counsel for the petitioner, perusing the present writ petition and without commenting anything on the merits of the case, we dispose of the present petition at this stage by directing respondent No.2 to take a decision on the legal notice dated 07.07.2017 (Annexure P-3), by passing a speaking order in accordance with law within a period of two months from the date of receipt of certified copy of the order.

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