High Court of Punjab and HaryanaCWP/13765/2020disposed of

Jagmail Singh And Others v. Pepsu Road Transport Corporation

2020-09-09Mr. Justice Harsimran Singh Sethi2 pages

CWP No.13765 of 2020 -1117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13765 of 2020 Date of Decision : 09.09.2020 Jagmail Singh and others

...Petitioners

Versus

Pepsu Road Transport Corporation

...Respondent

(Through video conferencing)

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Vikas Chatrath, Advocate for the petitioners.

Harsimran Singh Sethi, J. (Oral) The claim of the petitioners in the present writ petition is that they have not been granted the benefit of total length of service while computing their pensionary benefits and only the period for which the CPF was deducted by the respondents, had been taken into account, which is against the settled principle of law.

Learned counsel for the petitioners argues that the said question of law, as raised in the present writ petition, already stands answered by this Court more than once and latest in CWP No.24543 of 2016 titled as 'Gurdial Singh and others Vs. Pepsu Road Transport Corporation and others', decided on 27.11.2018, wherein the benefit, as being sought in the present writ petition, has already been extended to the similarly situated employees.

Learned counsel for the petitioners states that a direction be issued to the respondents to grant the same benefit, as extended to the AARTI SHARMA 2020.09.10 11:00 I attest to the accuracy and integrity of this document

CWP No.13765 of 2020 -2petitioners in above said CWP No.24543 of 2016. Learned counsel for the petitioners states that for the relief which has been sought in the present writ petition, petitioners have served the respondents with a legal notice dated 06.06.2020 (Annexure P-3), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioners, the respondents are directed to decide the legal notice dated 06.06.2020 (Annexure P-3) 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 three months thereafter.

Present writ petition stands disposed of.

September 09, 2020 (HARSIMRAN SINGH SETHI) aarti/naresh.k JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AARTI SHARMA 2020.09.10 11:00 I attest to the accuracy and integrity of this document