RAM DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has approached this Court praying for issuance of a writ of mandamus directing respondents to grant him the senior scale of Rs. 1350-2400.00 w.e.f. 01.01.1992 as per his seniority. It has been asserted that the seniority number of the petitioner is 1782 on the post of Multi Purpose Health Worker and as per the Punjab Government Instructions, he was entitled to the grant of selection grade especially when his juniors, namely, Sh. Ramesh Kumar, Sh. Balwinder Singh and Sh. Jagat Ram, seniority Nos. 1783, 1786 and 1785 respectively, have been granted the said benefit. Petitioner being senior was entitled to the grant of selection grade, which has, till date, not been granted to him. Claim of the petitioner was duly recommended by the competent authority, which has been returned by the Civil Surgeon, Jalandhar-respondent No. 3 to the Senior Medical Officer, Incharge, Primarly Health Centre, Jandiala- respondent No. 4 where the petitioner is serving. After the service of the legal notice dated 20.12.2012 (Annexure P-13), the same has been again recommended to the Civil Surgeon, Jalandhar vide order dated 12.02.2013 (Annexure P-14) but no decision thereon till date has been taken or conveyed to the petitioner.

(2.) COUNSEL for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Director, Health and Family Welfare Department, Punjab-respondent No. 2 and the Civil Surgeon, Jalandhar-respondent No. 3 to to consider and decide the legal notice dated 20.12.2012 (Annexure P-13) within some specified time. Without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Director, Health and Family Welfare Department, Punjab-respondent No. 2 and the Civil Surgeon, Jalandhar-respondent No. 3 to to consider and decide the legal notice dated 20.12.2012 (Annexure P- 13) within a period of four months from the date of receipt of certified copy of this order. Decision so taken be conveyed to the petitioner forthwith.