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High Court of Punjab and HaryanaCWP/8718/2026disposed of

Kirpal Singh And Others v. State Of Punjab And Others

2026-03-23Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-8718-2026 (O&M) Date of decision: 23.03.2026 Kirpal Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Tahaf Bains, Advocate for the petitioners.

Mr. Vikas Arora, DAG, Punjab.

Mr. Abhilaksh Gaind, Standing Counsel (through V.C.) with Mr. Rakesh Roy, Advocate for respondent No.3.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to count the petitioner of contractual service rendered by the petitioners from 2001 to 2009 towards the qualifying service for pension and also grant the benefit of Old Pension Scheme as their initial date of appointment is prior to 01.01.2004 and grant all the necessary consequential benefits and further direct the respondents to decide the legal notice dated 10.01.2026 (Annexure P-32) by passing a speaking order, after affording an opportunity of hearing to the petitioners.

2.

Learned counsel for the petitioners submits that he would be satisfied if the legal notice dated 10.01.2026 (Annexure P-32) of the petitioners is decided by respondent No.3 by passing a speaking order in a time bound manner.

3.

Learned State counsel as well as learned counsel for respondent No.3, appearing on advance notice, submits that they have no objection, in case a direction is issued to the respondent No.3 for time-bound consideration and decision of the legal notice dated 10.01.2026 (Annexure P-32) of the petitioners by passing a speaking order.

4.

Therefore, in view of the limited prayer made by learned counsel for the petitioners, the respondent No.3 is directed to consider the legal notice dated 10.01.2026 (Annexure P-32) of the petitioners and pass a speaking order in terms of the Division Bench judgment of this Court in Harbans Lal v. State of Punjab and others, 2012(3) SCT 362, Full Bench judgment of this Court in Kesar Chand and others v. State of Punjab and others, 1988(5) SLR 25 and the judgment rendered by the Coordinate Bench of this Court in CWP-26858-2017, titled as Heera Singh vs State of Punjab and others, decided on 20.02.2023 (Annexure P-27), after affording an opportunity of hearing to the petitioners, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioners. Needless to say, if the petitioners are found

entitled to the relief sought, the same shall be granted forthwith by respondent No.3.

5.

Disposed of, accordingly.

(HARPREET SINGH BRAR) JUDGE 23.03.2026 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No