Surinder Singh v. State Of Punjab And Others

2024:PHHC:019107

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1331-2024 Date of Decision:09.02.2024.

SURINDER SINGH ....PETITIONER VS STATE OF PUNJAB AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Labh Singh Sandhu, Advocate for the petitioner.

Mr. Charanpreet Singh, AAG, Punjab.

***** AMAN CHAUDHARY J. (ORAL) 1.

The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari directing the respondents to regularize the services of mother of petitioner along with grant of consequential benefits & arrear from the date of regularization.

2.

Learned counsel for the petitioner submits that the persons junior to the mother of the petitioner have been granted regularization, however, her case though was recommended but remained pending and not finalised, however, in the interregnum, she passed away on 05.04.2021. 3.

He further submits that similar issue stands decided by the Division Bench of this Court in CWP No.12199 of 2000 titled as Sukhdev Kaur vs. The State of Punjab and others, decided on 23.09.2022 and another CWP No. 10216 of 2003 tilted as Kamlesh Rani vs. The State of PRIYANKA 2024.02.15 10:57 I attest to the accuracy and integrity of this document

CWP-1331-2024 -2- 2024:PHHC:019107 Punjab and others, decided on 07.07.2003, wherein employees in similar situation were granted regularisation and the judgments were implemented by releasing the benefits. In wake of the above, a representation dated 03.10.2023 (Annexure P-8) has been served upon the respondents, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting him an opportunity of hearing. 4.

Notice of motion.

5.

At the asking of the Court, Mr. Charanpreet Singh, AAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

6.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondents to consider the representation dated 03.10.2023, Annexure P-8 and decide the same, taking note of the judgments, referred to, by the petitioner, within a period of three months and if found entitled, necessary benefit be granted forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioner therewith. ( AMAN CHAUDHARY) JUDGE 09.02.2024 pry Whether speaking/reasoned Yes/No Whether reportable Yes/No PRIYANKA 2024.02.15 10:57 I attest to the accuracy and integrity of this document