IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 12764 of 2009 Date of Decision: 24.2.2010. Ishwar Singh --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Harsh Kinra, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner was regularized as Conductor in Grade II w.e.f. 8.12.1997 and thereafter in Grade I w.e.f. 8.12.1999. However, he has been granted the benefit of the fixation of pay etc. w.e.f. 4.8.2003. He sought all service benefits from the date of initial regularization. Having failed to seek any response, he filed a writ petition being CWP No. 18389 of 2007 which came to be disposed of vide order dated 6.12.2007 asking the respondents to decide the legal notice served by the petitioner by passing a speaking order. The aforesaid directions were issued to the Transport Commissioner i.e respondent no.2. In pursuance to the aforesaid order the General Manager, Haryana Roadways, Hisar has passed the impugned order dated 10.3.2008 (Annexure P-5) rejecting the claim of the petitioner. Apart from CWP. No. 12764 of 2009 -2- other grounds the main grievance of the petitioner is that the impugned order has been passed in violation of the directions of this Court. From the perusal of the order passed in CWP No. 18389 of 2007 it appears that the direction of the Court was to respondent no.2 i.e the Transport Commissioner to decide the legal notice served by the petitioner. However, the legal notice has been decided by the General Manager, Haryana Roadways, Hisar, who was not competent to take decision in accordance with the directions of this Court. Without going into other controversies involved, the impugned order (Annexure P-5) is set aside and the matter is remitted back to respondent no.2 i.e the Transport Commissioner, Haryana to pass a fresh speaking order after affording opportunity of being heard to the petitioner, within a period of three months from the date certified copy of this order is served upon the said respondent. Petition disposed of. (PERMOD KOHLI) JUDGE 24.2.2010. lucky