Raj Kumar Bansal And ANR v. State Of Punjab And Others

2024:PHHC: 022102

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-12523-2023 Date of Decision : 15.02.2024 Raj Kumar Bansal and another

...Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present:- Mr. Sameer Sachdeva, Advocate for the petitioners. Mr. Swapan Shorey, DAG, Punjab.

*** AMAN CHAUDHARY, J. (ORAL) 1.

The prayer in the present writ petition is for issuance of directions to respondents to count the full service of the petitioner for the grant of full benefit of gratuity and to release the same with interest @ 8% on delayed payments. 2.

Learned counsel submits that claim of the petitioner is for counting of total past service rendered in Aided Colleges which was thereafter, taken over by the Government for pensionary benefits. However, similar relief has been granted to the employees of the same College by this Court in CWP No.11260 of 2015 (Achhru Singh and another versus State of Punjab and others) decided on 16.01.2023. In this regard, a Legal notice dated 18.01.2023 (Annexure P-7) has been served upon the respondents, submitted which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting him an opportunity of hearing.

3.

The learned State counsel has no objection to the aforesaid limited prayer made on behalf of the petitioners.

PUSHPINDER SAINI 2024.02.20 06:05 I attest to the accuracy and integrity of this document

CWP-12523-2023 -22024:PHHC: 022102 4.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondents to consider the Legal notice dated 18.01.2023 (Annexure P-7) and decide the same by taking note of the judgment referred to, by the petitioners, within a period of 6 months and if found entitled, necessary benefit be granted forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioners.

(AMAN CHAUDHARY) February 15, 2024 JUDGE ps/hemant Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No PUSHPINDER SAINI 2024.02.20 06:05 I attest to the accuracy and integrity of this document