Ramesh Chander And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-312-2022 Date of decision : January 10, 2022 Ramesh Chander and others .....Petitioners

Versus

State of Haryana and others ....Respondents CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present:

Mr. Gauravindra Sharma, Advocate for the petitioners. Ms. Kirti Singh, DAG, Haryana.

*** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19. Prayer in this writ petition is for direction to the respondents to count part time services of petitioners as qualifying service towards pension and pensionary benefits under the old Pension Scheme i.e. Punjab Civil Services Rules, Vol.-II (applicable to Haryana) as it is contended that they joined service prior to 01.01.2006 and that petitioners' case is squarely covered by the decisions dated 17.03.2015 (Annexure P4), 01.03.2019 (Annexure P5) and 31.08.2020 (Annexure P6). It is submitted that the petitioners' services were regularized in 2018. It is further submitted that petitioners have addressed numerous requests but to no avail. Legal notice dated 21.09.2020 (Annexure P8), it is stated was also served upon the respondents but no decision is being taken thereon.

RITU SHARMA 2022.01.12 16:21 I attest to the accuracy and integrity of this document

CWP-312-2022 -2At this stage, learned counsel for the petitioners restricts the prayer for a decision on legal notice dated 21.09.2020 (Annexure P8), submitted by the petitioners, in a time bound manner.

Notice of motion.

Ms. Kirti Singh, DAG, Haryana accepts notice on behalf of the respondents. Advance copy of writ petition stands supplied. Learned counsel for the respondents does not raise serious objection to the restricted prayer addressed.

Keeping in view the limited prayer addressed, facts and circumstances of the case but without expressing any opinion on the merits thereof, this writ petition is disposed of with a direction to the competent authority, to decide legal notice dated 21.09.2020 (Annexure P8) expeditiously by passing a speaking order. However, keeping in view the situation arising due to the sudden surge in cases of COVID-19, a period of six months from the date of receipt of certified copy of this order is afforded to the competent authority to decide legal notice dated 21.09.2020.

(LISA GILL) January 10, 2022 JUDGE rts Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITU SHARMA 2022.01.12 16:21 I attest to the accuracy and integrity of this document