Ramanpreet Singh And ORS. v. Pspcl And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 07.05.2024 Ramanpreet Singh and others ....Petitioners

Versus

Punjab State Power Corporation Limited and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. M.S. Rana, Advocate for the petitioners.

NAMIT KUMAR 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 treat the petitioners as appointee in CRA No.276/2012 (Re-conduct) w.e.f. 05.03.2014 i.e. when their counterparts/batch-mates came to be appointed through common process of selection as granted to similarly situated employees vide order dated 11.01.2021 (Annexure P-4) and 24.02.2021 (Annexure P-5) qua the petitioners in view of order dated 19.11.2020 (Annexure P-3) passed by this Court in CWP No.5288 of 2018, titled as "Sahil Bansal and others vs State of Punjab and others", with a further prayer to grant all the consequential benefits of re-fixation of pay and increments and also the length of service after giving the deemed date of appointment w.e.f. 05.03.2014. Further a writ of mandamus has been

sought for directing respondent No.1 to decide the legal notice dated 19.02.2024 (Annexure P-7), which is pending consideration with respondent No.1.

2.

Learned counsel for the petitioners at the outset confines his prayer for deciding legal notice dated 19.02.2024 (Annexure P-7). He submits that at this stage, petitioners would be satisfied, if the said representation is decided by passing a speaking order within a time bound frame.

3.

Notice of motion.

4.

Mr. G.S. Virk, Advocate, accepts notice on behalf of respondents No.1 to 5 and has no objection to the innocuous prayer made by learned counsel for the petitioners.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without going into the merits of the case, at this stage, the present petition is disposed of with a direction to respondent No.1 - Chairman-cum-Managing Director, PSPCL, Patiala to consider and decide the claim made by the petitioners in the legal notice dated 19.02.2024 (Annexure P-7) in accordance with law, by passing a speaking order within a period of 08 weeks from the date of receipt of certified copy of this order. In case, the petitioners are found entitled, their claim be released within a period of 08 weeks thereafter. In case, the respondents are of the opinion that the claim of the petitioners merits rejection the same be adjudicated upon by passing a speaking order after

giving an opportunity of personal hearing to the petitioners within the time as stipulated hereinabove.

7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 07.05.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No