Gurmail Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-1541-2023 Date of decision : 25.01.2023 GURMAIL SINGH AND OTHERS ....Petitioners

Versus

STATE OF PUNJAB AND OTHERS ...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Baljeet S. Sidhu, Advocate for the petitioners.

PANKAJ JAIN, J. (ORAL) Present petition has been filed by the petitioners seeking issuance of writ in the nature of mandamus directing the respondents to refund the share of the petitioners' contribution towards the New Defined Contributory Pension Scheme along with interest in view of the judgment dated 30th of March, 2022 rendered in CWP No.35361 of 2019 titled as 'Constable Bikramjit Singh and others vs. State of Punjab and others' 2.

Ld. Counsel for the petitioners at the outset contends that the Legal Notice served at the behest of the petitioners through their counsel is pending adjudication with the authorities and the same has been appended along with the present petition at Annexure P-5 and he limits his prayer for adjudication thereof in the light of the judgment rendered in Constable Bikramjit Singh's case (supra).

3.

Mr. Charanpreet Singh, AAG, Punjab appearing for the DEEPAK KUMAR 2023.01.25 17:56 I attest to the accuracy and integrity of this document

CWP-1541-2023 -2respondents fairly concedes that till date judgment at Annexure P-4 has not been challenged by the State and he has no objection to the prayer made by counsel for the petitioners.

4.

Without commenting on the merits of the case, the present petition is disposed off with a direction to respondent No.2 (Director General of Police, Punjab, Punjab Police Head Quarter, Sector-9, Chandigarh) to decide the Legal Notice dated 15th of September, 2022 (Annexure P-5) within 4 weeks from the date of receipt of certified copy of this order.

5.

In case, the case of the petitioners are found to be covered by the judgment rendered by this Court in the case of 'Constable Bikramjit Singh and others' ibid and are found to be entitled for the arrears along with interest, the same be released within a period of 4 weeks thereafter. 6.

In case, the authorities found that the claim of the petitioners merits rejection, the same shall be rejected by passing a Speaking Order. 7.

It is further clarified that in case, the claim of the petitioners merits acceptance and the amount is not disbursed pursuant thereto within 8 weeks, the same shall carry an interest @ 18% thereafter, which shall be recovered from the personal pocket of respondent No.2. January 25, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.01.25 17:56 I attest to the accuracy and integrity of this document