Ruldu Ram v. State Of Punjab And Others

CWP-5758-2024 2024:PHHC:035148

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-5758-2024 Date of decision: 12.03.2024 Ruldu Ram ....Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Amrik Singh, Advocate for the petitioner. ***** AMAN CHAUDHARY. J.

1.

The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is to issue a writ in the nature of certiorari, for quashing the conditions incorporated in the order dated 11.12.2014, Annexure P-3.

2.

Learned counsel would submit that the petitioner is working in the Education Department on part time basis as a Sweeper since 11.11.1991 and his services were regularized vide order dated 11.12.2014. However, his services had not been counted for the purpose of old pension scheme prevalent prior to 01.01.2004. He relies on the judgments of this Court in CWP-23712010 titled as Harbans Lal vs. State of Punjab and others, decided on 31.08.2010, Annexure P-7 and CWP-10238-2017 titled as Jeewan Lata vs. State of Punjab and others decided on 10.05.2019, Annexure P-8, which was also a case of part time sweeper and was allowed by this Court. In this regard, a legal notice dated 06.09.2022, Annexure P-9, 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 HAMANT 2024.03.12 20:26 I attest to the accuracy and integrity of this order/judgment

CWP-5758-2024 2024:PHHC:035148 same in a time bound manner by granting him an opportunity of hearing. 3.

Notice of motion.

4.

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

5.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to consider the legal notice dated 06.09.2022, Annexure P-9 and decide the same taking note of the aforesaid judgments within a period of six months and .

However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioner therewith. (AMAN CHAUDHARY) JUDGE 12.03.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.03.12 20:26 I attest to the accuracy and integrity of this order/judgment