Surinder Pal And Others v. State Of Punjab And Others

2024:PHHC:034904

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-5679-2024 Date of decision: 12.03.2024 Surinder Pal and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. J.P.S. Sidhu, Advocate for the petitioners. Mr. Rajesh Sehgal, Addl. A.G., Punjab.

NAMIT KUMAR J. (Oral) 1.

The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India seeking a writ of mandamus directing the respondents to revise and re-fix the pay of the petitioners w.e.f. 01.01.2016 as per 6th Pay Commission and to grant all consequential benefits along with interest @ 12% per annum and to pay enhanced gratuity as per amended provisions of Section 4(3) of the Gratuity Act, 1972, whereby maximum limit of gratuity was enhanced from Rs.10,00,000/- to Rs.20,00,000/- w.e.f. 29.03.2018. 2.

Learned counsel for the petitioner submits that for claiming the said relief, the petitioners have also submitted representation dated 01.02.2024 (Annexure P-4), which is still pending consideration with respondent No.5 and at this stage, the petitioner would be satisfied, if appropriate directions are issued to respondent No.5 to consider and decide the said representation, by passing a speaking order in a time bound manner.

Vinod Kothiyal 2024.03.13 09:50 I attest to the accuracy and authenticity of this document

2024:PHHC:034904 = CWP-5679-2024 3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondents and has no objection to the innocuous prayer made by learned counsel for the petitioners.

5.

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

6.

Without expressing any opinion on the merits of the case or the claim being made by the petitioners in the present petition, respondent No.5 is directed to consider and decide the claim made by the petitioners in the representation dated 01.02.2024 (Annexure P-4), in accordance with law, by passing a speaking order, within a period of three months, from the date of receipt of certified copy of this order. In case, the petitioners are found held entitled, the necessary benefits be released within a period of four weeks thereafter. 7.

The petition stands disposed of, in the above terms. (NAMIT KUMAR) 12.03.2024 JUDGE kothiyal Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Vinod Kothiyal 2024.03.13 09:50 I attest to the accuracy and authenticity of this document