← Library
High Court of Punjab and HaryanaCWP/10682/2019disposed of

Jasbir Singh And Another v. The State Of Punjab And Others

2019-04-25Mr. Justice Harsimran Singh Sethi2 pages

CWP-10682-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-10682-2019 Date of decision: - 25.04.2019 Jasbir Singh and another ....Petitioners

Versus

The State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- None for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the claim which is being made by the petitioners is that they are entitled for the benefit of military service which they had rendered during the Second National Emergency keeping in view the law laid down by the Division Bench of this Court in CWP No.17661 of 2013 titled as 'Rajinder Singh Vs. State of Punjab and others, decided on 13.11.2014 (Annexure P-4). As per the averments made in the writ petition, petitioner No.1 joined Indian Army on 01.03.1974 and continued working till 31.10.1988 and petitioner No.2 joined Indian Army on 03.11.1970 and continued working till 01.01.1986, after which they were discharged from the military. After being discharged, petitioners were employed by the State of Punjab and petitioner No.

1 worked with the State of Punjab till he attained the age of superannuation on 31.03.2009 and petitioner No.2 worked till 31.01.2009, when he attained the age of superannuation. The prayer of the petitioners is that their service which NARESH KUMAR 2019.05.

CWP-10682-2019 -2they rendered in the military is to be taken into account as a qualifying service for the grant of pensionary benefits as per the judgment of Division Bench of this Court in CWP No.17661 of 2013 titled as 'Rajinder Singh Vs. State of Punjab and others, decided on 13.11.2014.

From the averments, it transpires that for the relief, which has been sought in the present writ petition, petitioners have submitted the representations dated 20.02.2019 and 15.02.2019 (Annexures P-5 and P-6) respectively and the same are still pending consideration with the respondents.

Interest of justice will be served, at this stage, in case a time bound direction is issued to the respondents to decide the said representations by passing the appropriate speaking orders. Without expressing any opinion on the merits of the case or the claim being made by the petitioners in the present petition, the respondents are directed to decide the representations dated 20.02.2019 and 15.02.2019 (Annexures P-5 and P-6) respectively by passing the appropriate speaking orders within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) April 25, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.05.02 10:48 I attest to the accuracy and integrity of this document Chandigarh