CWP No.1505 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Case No: CWP No. 1505 of 2010 Date of Decision: January 29, 2010 KAMLESH KUMARI ...PETITIONER VERSUS STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr.S.R.Hooda, Advocate for the petitioners ***** PERMOD KOHLI, J.(ORAL) Notice of motion. Mr.R.K.S.Brar, Addl. AG, Haryana, who is present in the court has been asked to accept notice on behalf of respondent No.1. With the consent of the learned counsel for the parties and in view of the prayer made in the petition, this petition is disposed at the motion stage. The petitioners was appointed as ANM/MPHW on ad hoc basis. Later, she was selected on the same post on being recommended by Subordinate Service Selection Board, Haryana. It is alleged that the petitioner fell ill and she applied for medical leave. She got treatment from various places and gave birth to two children and on that account, she could not joined the services. It is admitted case of the petitioner that she could not join the duty w.e.f 4.11.1990 to 31.5.1993. The charge-sheet was issued to her for remaining absent from duty for the aforesaid period. Disciplinary proceedings were initiated against the petitioner which culminated into imposition of the penalty of stoppage of five increments without cumulative effect. The petitioner has already suffered the punishment from 1994 to 1999. The grievance of the petitioner is that even though the petitioner has suffered the punishment and the period of stoppage of five increments is already over, the petitioner has not been granted further increments. CWP No.1505 of 2010 -2- The petitioner already made representations dated 3.11.2006 (Annexure P-4) and 11.02.2007 (Annexure P-5) in this behalf but no decision has taken by the respondents No.2 to 7. The petitioner had earlier filed Civil Suit, which has been partially decreed in favour of the petitioner. Learned counsel for the petitioner submits that the petitioner would be satisfied, if the claim of the petitioner is decided in the light of the judgment of Civil Court. In view of the above, this petition is disposed of with the direction to respondents No.2 to 7 to take decision on the representations made by the petitioner in the light of the Civil Court's judgment against which RSA is still pending in this Court and pass a consequential order within a period of 3 months from the date of service of certified copy of this order upon the respondents. In the event, the claim of petitioner is to be rejected, it shall be by a reasoned and speaking order. January 29, 2010 (PERMOD KOHLI) Vt JUDGE