Umed Singh and Others vs State of Haryana and Others

Augustine George Masih, J.—Petitioners have approached this Court, praying for release of pension and other consequential benefits, arrears etc. by granting them 40% fitment weightage on existing pension/family pension by granting 50% of Dearness Allowance in their basic pension/family pension with effect from 01.01.2006. The claim of the petitioners is stated to be covered by the Division Bench judgment passed by this Court in Civil Writ Petition No. 15479 of 2012 (Debi Singh Deswal and others Vs. State of Haryana and others), decided on 17.02.2014 (Annexure P-4).

Petitioners have served a legal notice dated 19.03.2014 (Annexure P-5) upon the respondents but till date no decision has been conveyed or benefit conferred on them.

Counsel contends that the petitioners, at this stage, would be satisfied if a direction is issued to the Director General of School Education, Haryana, Shiksha Sadan, Panchkula and Director Elementary Education, Haryana, Panchkula-respondent Nos. 2 and 3 to consider and decide the legal notice dated 19.03.2014 (Annexure P-5) 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 of School Education, Haryana, Shiksha Sadan, Panchkula and Director Elementary Education, Haryana, Panchkula-respondent Nos. 2 and 3 to consider and decide the legal notice dated 19.03.2014 (Annexure P-5) within a period of three 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.