High CourtsSingle Bench(2014) 07 P&H CK 0053

Ramesh Kumar Patnaik vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 21 July 2014

HON’BLE JUDGES
Augustine George Masih, J
CASE NUMBER
CM. No. 8161 of 2014 and CWP No. 6416 of 2012

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Judgment

10 paragraphs · 383 words

Augustine George Masih, J.

CM. No. 8161 of 2014

1.

Prayer in this application is for permission to place on record the judgments Annexures A-1, A-2 and A-6 along with other Annexures A-3 to A-5.

2.

Prayer granted. The judgments Annexures A-1, A-2 and A-6 along with other Annexures A-3 to A-5 are taken on record.

3.

Application stands disposed of.

CWP No. 6416 of 2012

4.

Learned senior counsel for the petitioner states that liberty may be granted to the petitioner to file a detailed representation to the Principal Secretary to Government of Haryana, Department of Health and Family Welfare, which shall be submitted by him within a period of four weeks'' from today. He states that the claim of the petitioner is covered in his favour by the ratio of the judgment passed in Civil Appeal Nos. 10640-46 of 2013 titled as K.C. Bajaj and others vs. Union of India and others, decided on 27.11.2013 (Annexure A-6). Reliance has also been placed upon the Division Bench judgment of this Court in CWP No. 15479 of 2012 titled as Debi Singh Deswal and others vs. State of Haryana and others, decided on 17.02.2014 (Annexure A-2) where again, similar issue has been considered and decided by the Division Bench of this Court.

5.

Counsel for the respondents have no objection to the prayer made by the counsel for the petitioner.

6.

In view of the above, the present writ petition is disposed of with liberty to the petitioner to file a detailed representation to the Principal Secretary to Government of Haryana, Department of Health and Family Welfare within a period of four weeks'' from today pointing out therein his claim and reliance upon the judicial pronouncements. If such a representation is made within the time stated above, the same shall be considered and decided by the Principal Secretary to Government of Haryana, Department of Health and Family Welfare within a period of eight weeks'' of submission of such representation.

7.

In case the claim of the petitioner is accepted, the consequential benefits, if any, be released to him, in accordance with law, within a further period of six weeks. In case the claim of the petitioner is not to be accepted, a well-reasoned and speaking order be passed and conveyed to him forthwith.