Raj Singh and Others vs State of Haryana and Others

Augustine George Masih, J.—Petitioners have approached this Court, praying for directing the respondents for treating their service to be regularized on completion of three years of service as Conductors and granting them Grade I in the pay scale after two years from the date of regularization i.e. 5200-20200+1900 Grade Pay, which benefit till date has not been conferred upon them. Claim of the petitioners is stated to be covered by the Division Bench judgment of this Court passed in Civil Writ Petition No. 22516 of 2012 (Mohinder Singh and others Vs. State of Haryana and others), decided on 01.04.2013 (Annexure P-3).

Faced with this situation, the petitioners have served a legal notice dated 08.03.2014 (Annexure P-4) upon the Director General, Transport Haryana, Chandigarh and General Manager, Haryana Roadways, Bhiwani Depot, Bhiwani-respondent Nos. 2 and 3 but till date no decision thereon has been taken or conveyed to the petitioners.

Counsel contends that the petitioners, at this stage, would be satisfied if a direction is issued to the Director General, Transport Haryana, Chandigarh and General Manager, Haryana Roadways, Bhiwani Depot, Bhiwani-respondent Nos. 2 and 3 to consider and decide the legal notice dated filed by the petitioners, within some specified time.

In view of the statement made by the counsel for the petitioners and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to the Director General, Transport Haryana, Chandigarh and General Manager, Haryana Roadways, Bhiwani Depot, Bhiwani-respondent Nos. 2 and 3 to consider and decide the legal notice dated 08.03.2014 (Annexure P-4) within a period of four months from the date of receipt of certified copy of this order.

In case the claim of the petitioners is accepted, the consequential benefits, if any, be released to them, in accordance with law, within a further period of one month.

In case the claim of the petitioners is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioners forthwith.