Om Parkash Sharma vs The State of Haryana and Others

M.M.S. Bedi, J.—In the instant petition, the petitioner seeks a writ in the nature of mandamus to direct the respondents to grant the benefits of second modified ACP scale w.e.f. 01.01.1996 and for the release of arrears of pensionary benefits, gratuity and leave encashment. It appears that the petitioner had served a legal notice Annexure P-2. The question arises as to what steps have been taken by the respondents on the legal notice.

Counsel for the respondents submits that the notice was received only in the month of October/November, 2012. In above circumstances, I deem it appropriate to dispose of this petition with a direction to respondents to consider the claim of the petitioner as put forth in legal notice dated 15.10.2012 Annexure P-2. The petitioner appears to be entitled to the pensionary benefits on account of notional fixation of his pay for the period from 01.01.1996 to 31.03.2004 or from the date of his eligibility. A direction is issued that the claim of the petitioner shall be considered within a period of three months from today and in case, the petitioner is entitled to refixation of his pay, he would be entitled to all the consequential monetary benefits from the date of his retirement. In case, the claim of the petitioner is accepted, he would be paid the financial benefits within a period of next three months after consideration of his claim.