Punjab State Power Corporation Limited v. Dharam Pal And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH LPA No.799 of 2025 (O&M) Date of Decision: 19.03.2025 Punjab State Power Corporation Limited .....Appellant.

Versus

Dharam Pal and others .....Respondents.

CORAM:

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Tajeshwar Singh Sullar, Advocate for the appellant.

SANJEEV PRAKASH SHARMA, J.(Oral) The appellant before us assails the order dated 14.02.2025 passed by the Hon'ble Single Judge in CWP No.4027 of 2025 titled as 'Dharam Pal and others Vs. Punjab State Power Corporation (PSPCL) and others' solely on the ground that the State Government is not coming out with the clarification. However, this would not prevent us from deciding this appeal one way or the other.

2.

We notice that the Hon'ble Single Judge has, in his order, noticed that the pension was released but was withheld only on the ground that the State Government is not coming out with the clarification. Withholding of the pension was without following the principles of natural justice and therefore, the Hon'ble Single Judge has held as under:- "6. As such, the present petition is hereby disposed of, by granting liberty to the respondents to take YAG DUTT 2025.03.21 16:27 I attest to the accuracy and authenticity of this order/judgment

LPA No.799 of 2025 (O&M) -2further necessary action, if any required, after complying with the principles of natural justice and on receipt of the clarification from the State Government. The pension which the petitioners were getting before passing the impugned order shall be restored to the petitioners."

3.

We find that the order passed by the Hon'ble Single Judge is innocuous and does not take away the right of the appellant to withhold the pension after giving an opportunity of hearing. At the same time, it also directs the appellant to seek clarification from the State Government. Taking into consideration the fact that the appellant is a Body Corporate governed by the State Government, it is expected from the State Government to come out with the clarification as soon as possible. However, at the same time, the directions issued as above by the Hon'ble Single Judge do not require any interference of this Court and the same shall continue to operate.

4.

The appeal is, accordingly, dismissed with the afore-said observations.

5.

Pending civil misc. application also stands disposed of. (SANJEEV PRAKASH SHARMA) JUDGE (MEENAKSHI I. MEHTA) March 19, 2025 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No YAG DUTT 2025.03.21 16:27 I attest to the accuracy and authenticity of this order/judgment