IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 15310 of 2009
DATE OF DECISION : 06.10.2009
Satinder Khanna
... PETITIONER
Versus
Haryana Power Generation Corporation Ltd. and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. J.S. Maanipur, Advocate,
for the petitioner.
***
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner has retired as Assistant from the services of the
respondent Corporation on 31.3.2006, on attaining the age of
superannuation. It is the case of the petitioner that after his retirement, vide
order dated 5.3.2009 (Annexure P-3), one of his junior, namely Ram Kumar
Sharma, has been given deemed date of promotion on the post of Deputy
Superintendent with effect from 27.5.2005 and he has been granted the
benefit of re-fixation of pay on the basis of the said deemed date of
promotion. It is further case of the petitioner that after the passing of the
said order, he made a detailed representation dated 14.7.2009 (Annexure P-
4) and served a legal notice dated 24.7.2009 (Annexure P-5), for granting
him the deemed date of promotion from the date, it has been granted to his
junior. Counsel submits that till date, no decision has been taken on the said
CWP No. 15310 of 2009 -2-
legal notice. He further states that at this stage, the petitioner will be
satisfied if a direction is issued to respondent No.2 to consider and decide
the aforesaid legal notice, within a reasonable time.
In view of the above, without issuing notice of motion as it will
un-necessary delay the matter, this petition is disposed of with a direction to
respondent No.2 to consider and decide the legal notice dated 24.7.2009
(Annexure P-5), in accordance with law, expeditiously, preferably within a
period of four months from the date of receipt of the certified copy of this
order.
October 06, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE