High Court of Punjab and HaryanaCWP/12159/2020disposed of

Hem Raj Bansal And Others v. State Of Punjab And Others

2020-08-19Mr. Justice Harsimran Singh Sethi2 pages

CWP 12159 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (114) CWP 12159 of 2020 Date of Decision : 19.08.2020 Hem Raj Bansal and others ....Petitioners

Versus

State of Punjab and others .....Respondents (through video conferencing) CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Sudha, Advocate, for the petitioners.

Mr. Aditya Sharda, Assistant Advocate General, Punjab. *** Harsimran Singh Sethi, J. (Oral) Learned counsel for the petitioners states that the petitioners are entitled for the benefit of judgment, which has been rendered by this Court in CWP No.16446 of 2010, titled as 'Jaswinder Singh Bedi and others Vs. State of Punjab and others', decided on 20.05.2013. Learned counsel for the petitioners further states that the benefit of Jaswinder Singh Bedi's case (supra) has not been extended to the petitioners on the ground that there is no order passed by the competent Court of law granting the petitioners the same benefit as granted to the petitioners in Jaswinder Singh Bedi's case (supra).

NARESH KUMAR 2020.08.19 20:03 I attest to the accuracy and integrity of this document Chandigarh

CWP 12159 of 2020 Learned counsel for the petitioners argues that keeping in view the settled principle of law settled by the Division Bench of this Court in Satbir Singh Vs. State of Haryana, 2002(2) SCT 354, once the question of law has been settled, all the similarly situated employees are entitled for the benefit without forcing them to approach this Court. Learned counsel for the petitioners state that for the relief which has been sought in the present writ petition, petitioners have already approached the respondents by serving a legal notice dated 27.05.2020 (Annexure P-8), which is still pending consideration with the authorities and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to respondent No. 1 to decide the same by passing an appropriate speaking order in accordance with law.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioners, respondent No. 1 is directed to decide the legal notice dated 27.05.2020 (Annexure P8), by passing a speaking order 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.

August 19, 2020 ( HARSIMRAN SINGH SETHI ) kanchan/naresh.k JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No NARESH KUMAR 2020.08.19 20:03 I attest to the accuracy and integrity of this document Chandigarh