High Court of Punjab and HaryanaCWP/5120/2023disposed of

Jhirmal Singh v. Pspcl And Others

2023-03-15Mr. Justice Pankaj Jain2 pages

CWP No. 5120 of 2023

IN THE HIGH COURT OF PUNJAB & HARYANA,

CHANDIGARH CWP No. 5120 of 2023 Date of decision : March 15, 2023 Jhirmal Singh ....... Petitioner

Versus

Punjab State Power Corporation Ltd. and others ........ Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. Sunny Singla, Advocate for the petitioner.

*** Pankaj Jain, J (oral).

Present petition has been filed under Article 226/227 of the Constitution of India praying for issuance of writ in the nature of mandamus in the form of direction to the respondent-authorities to count the work charge/daily wages service followed by his regular service to be taken into account as qualifying service for computing the pensionary benefits. Learned counsel for the petitioner at the outset confines his prayer for deciding legal notice dated 11.06.2022 (Annexure P-5). He submits that at this stage, petitioner would be satisfied, if the said legal notice is decided in terms of the order passed in CWP-11081-2015 Simarjit Singh Vs. Punjab State Power Corporation Ltd. and another decided on 19.03.2019 by passing a speaking order within a time bound frame.

Notice of motion.

ARCHANA ARORA 2023.03.15 18:03 I attest to the accuracy and integrity of this order/judgment

CWP No. 5120 of 2023 Mr. Amrit Singh Kang., who is present in Court accepts notice on behalf of the respondents. He submits that respondent-competent authority will look into the matter and will take a decision on the claim raised by the petitioner in the legal notice, in accordance with law.

I have heard learned counsel for the parties and have gone through the record of the case.

Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondents-Competent Authority is directed to consider and decide the claim made in the legal notice dated 11.06.2022 (Annexure P-5), in terms of the order passed in CWP11081-2015 Simarjit Singh Vs. Punjab State Power Corporation Ltd. and another in accordance with law, by passing a speaking order within a period of eight weeks from the date of receipt of certified copy of this order. In case, the petitioner is found entitled, his claim be released within a period of six weeks thereafter.

The petition stands disposed off.

(PANKAJ JAIN) JUDGE March 15, 2023 archana Whether speaking/reasoned Yes/No Whether Reportable Yes/No ARCHANA ARORA 2023.03.15 18:03 I attest to the accuracy and integrity of this order/judgment