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High Court of Punjab and HaryanaCWP/10412/2020disposed of

Baldev Singh v. State Of Punjab And Others

2020-07-22Mr. Justice Jitendra Chauhan3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-10412-2020 (O&M) Date of decision : 22.07.2020 BALDEV SINGH ...PETITIONER

Versus

STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present:

Mr. Nitesh Singla, Advocate for the petitioner.

Mr. Nikhil Chopra, Addl. A.G., Punjab.

JITENDRA CHAUHAN J. (ORAL) The matter has been taken up through video-conferencing in the light of the pandemic COVID-19 situation and as per instructions. This writ petition under Articles 226/227 of the Constitution of India has been filed for the issuance of a direction to the respondents to grant 18% interest on delayed payments of pensionary benefits after retirement.

Learned counsel for the petitioner states that at this stage he would be satisfied, if a direction is issued to respondent Nos. 1 to 3 to consider and decide the legal notice dated 22.01.2020 (Annexure P-1) in the light of judgment passed by this Court on 30.05.2019 passed in CWP No. 15322 of 2019 titled as Jeet Singh Versus State of Haryana and

-2others (Annexure P-2) and judgment dated 05.07.2019 passed in CWP No. 17807 of 2019 titled as Ripudaman Kaur Versus State of Punjab and others (Annexure P-3).

Heard.

A complete set of paper book has already been handed over to learned counsel for respondent Nos. 1 to 3.

Learned State counsel states that he has no objection in case the prayer made by the learned counsel for the petitioner is granted. Heard.

In view of the above, without adverting to the merits of the case, the present petition is disposed of with a direction to respondent No.1Secretary, Department of Local Government, Civil Secretariat-2, Sector-9, Chandigarh, to consider and decide the legal notice dated 22.01.2020 (Annexure P-1) in the light of judgment passed by this Court on 30.05.2019 passed in CWP No. 15322 of 2019 titled as Jeet Singh Versus State of Haryana and others (Annexure P-2) and judgment dated 05.07.2019 passed in CWP No. 17807 of 2019 titled as Ripudaman Kaur Versus State of Punjab and others (Annexure P-3) within 45 days from the receipt of the certified copy of the judgment. In case, on consideration, the competent authority reaches to the conclusion that the benefit claimed by the petitioner is admissible to him, in such eventuality, the consequential relief be allowed to him, within a period of 45 days thereafter, in accordance with law. However, in case the competent authority feels that the relief

-3claimed by the petitioner is not admissible or made out, in that case, a speaking order be passed in the matter.

22.07.2020 (JITENDRA CHAUHAN) jyoti-II JUDGE Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No