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High Court of Punjab and HaryanaCWP/14994/2020disposed of

Major Singh And ORS v. State Of Punjab And ORS

2020-09-21Mr. Justice Harminder Singh Madaan2 pages

CWP No. 14994 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 14994 of 2020 DATE OF DECISION :- September 21, 2020 Major Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. A.P. Singh, Advocate for the petitioners. *** The case has been taken up through Video Conferencing. Petitioners Major Singh , Diwan Singh, Hardev Singh, Darshan Singh and Resham Singh have approached this Court by way of filing instant Civil Writ Petition under Article 226/227 of the Constitution of India against respondents i.e.

State of Punjab through the Chief Secretary to the Government of Punjab, The Special Chief Secretary/Additional Chief Secretary/Principal Secretary/Secretary to the Department of Defence Services Welfare, Government of Punjab and The Director General of Police, Punjab seeking issuance of a writ, order or direction in the nature of mandamus directing the respondents to grant them benefit of military services rendered by them during the Second National Emergency towards the pension in terms of the decision rendered by this Court in CWP No. 17661 of 2013 titled 'Rajinder Singh Vs. State of Punjab and Others' along with other connected matters decided on 13.11.2014 and order to direct the respondents to decide the representations submitted by the petitioners PARVINDER SINGH 2020.09.

CWP No. 14994 of 2020 within a fixed time frame.

Notice of motion.

Mr. Vikas Mohan Gupta, Additional Advocate General, Punjab has accepted notice on behalf of the respondents. Learned counsel for the petitioners submits that he would be satisfied if the respondents are directed to decide the representations submitted by the petitioners within a fixed time frame. Learned State counsel states that the respondents would comply with any such direction issued to them by this Court.

Keeping in view the facts and circumstances of the case and in order to avoid unnecessary litigation between the parties, the present writ petition is disposed of directing the respondents to decide the representations dated 16.6.2018 (Annexure P-7), 18.2.2020 (Annexure P-8), 13.3.2020 (Annexure P-9), 28.7.2020 (Annexure P-10) and 1.6.2018 (Annexure P-11) by passing a speaking order within a period of two months from the date of receipt of certified copy of this order. It is made clear that since the writ petition is not being disposed of on merits, in case after disposal of their representations the petitioners still feel aggrieved by the decision taken by the respondents then they shall be entitled to take recourse to the legal remedy, in accordance with law.

(H.S. MADAAN) JUDGE September 21, 2020 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2020.09.21 15:26 I attest to the accuracy and integrity of this document Chandigarh