High Court of Punjab and HaryanaCWP/1061/2016disposed of

Amarjit Singh And ANR v. State Of Punjab And ORS

2016-01-20Mr. Justice A.B. Chaudhari2 pages

CWP No. 1061 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 1061 of 2016 Date of decision: 20.01.2016 Amarjit Singh and another ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Neeraj Sharma, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The petitioners seek a direction to the respondents for counting the work charge service of the petitioners for pension and for allotting the GPF account numbers on their regularization as per the old pension scheme. The said benefit is sought on the ground that the Division Bench of this Court in CWP No. 2371 of 2010, Harbans Lal vs. State of Punjab and others decided on 31.08.2010 has settled the position on the said issue whereby the work charge service is to be treated as qualified service for pension. It is contended that the SLP has been dismissed against that judgment and the review petition has also been dismissed on 04.11.2015. It is further submitted that the petitioners had joined on 20.03.1996 and 04.11.1984 respectively and were regularized on 16.10.2007, which period is to be counted for the purpose of pension.

Counsel submits that the petitioner has sent a legal notice on 24.11.2015 (Annexure P-2) and he would be satisfied if a direction is issued to respondent no. 2 to decide the said legal notice within a time bound SHIVANI GUPTA 2016.01.21 13:24 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 1061 of 2016 frame.

Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of the respondents. Copy of the writ petition has been supplied to him in Court. Keeping in view the limited relief sought, this Court is of the opinion that there is no need for the respondents to file reply. Accordingly, without commenting on the merits of the case this writ petition is disposed of with a direction to respondent no. 2 to decide the legal notice dated 24.11.2015 (Annexure P-2) within a period of 3 months from the date of receipt of certified copy of the order. Needless to say if the relief is to be denied, a reasoned order be passed and conveyed to the petitioner.

20.01.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.01.21 13:24 I attest to the accuracy and integrity of this document Chandigarh