Dharam Pal Garg v. State Of Punjab And Others
CWP-6739-2019 CWP-18335-2022
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH 231-2 cases CWP-6739-2019 Date of decision: 16.01.2025 Dharam Pal Garg
...Petitioner
Versus
State of Punjab and others
...Respondents
CWP-18335-2022 Parveen Parkash
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Arihant Goyal, Advocates for the petitioner in CWP-6739-2019.
None for the petitioner in CWP-18335-2022.
Mr. Charanpreet Singh, AAG, Punjab.
***** AMAN CHAUDHARY, J. (Oral) 1.
These cases involve similar issues and therefore, are being disposed of together by this common judgment, for the sake of convenience the facts are derived from CWP-6739-2019.
2.
Prayer made in the present petition is for quashing the order dated 29.01.2018, vide which the benefit of ACP scheme was declined to the petitioner.
3.
Learned counsel for the petitioner submits that the same benefit was granted to one Dr. Parveen Parkash after rendering 24 years of service, to which he is also entitled. Reference is made to the order dated 29.09.2022 passed by this Court, relevant paras thereof read thus:- "Learned Additional Advocate General, on instructions from Dr. Jasbir Singh, Nodal Officer, Office Director Medical Education and Research, Chandigarh, submits that the department has taken decision not to withdraw the benefit is HAMANT 2025.01.17 10:07 I attest to the accuracy and integrity of this document
CWP-6739-2019 CWP-18335-2022 granted to Dr. Parveen Parkash, reference to the said benefit is noticed in order dated 13.03.2019. The office was processing the case with regard to the petitioner on similar lines, to put it up before the Competent Authority for grant of the benefit and therefore, though the written statement is ready, the same could not be vetted on account of the above.
In view of the above noticed process being undertaken by the respondents, one last opportunity is granted to file written statement.
It is also made clear that it would be open to the official respondents to process the case of the petitioner as submitted hereinabove and pendency of the present petition shall not come in the way to grant relief or make payment to the petitioner in terms of the decision that would be taken."
4.
Learned State counsel, on instructions, submits that the matter would be considered afresh within a period of 6 months and in case the petitioner is entitled to the same benefit, it would be released forthwith, else after granting an opportunity of hearing and a speaking order shall be passed giving reasons, which satisfies the learned counsel for the petitioner. 5.
A photocopy of this order be placed on the file of connected case.
(AMAN CHAUDHARY) JUDGE 16.01.2025 Hemant Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No HAMANT 2025.01.17 10:07 I attest to the accuracy and integrity of this document