Jasbir Singh v. State Of Punjab And Others

2023:PHHC:100448 In the High Court for the States of Punjab and Haryana At Chandigarh CWP-13151-2023 (O&M) Date of Decision: 4.8.2023 Jasbir Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Dr. G.P.S. Randhawa, Advocate for the petitioner. Mr. Inderpreet Singh Kang, AAG, Punjab.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks issuance of a writ in the nature of mandamus directing the respondent - Department to re-enroll the petitioner in service although he had taken voluntary retirement on 2.3.2022.

2.

Learned counsel for the petitioner submits that the petitioner, who had been serving as a Constable, since 17.11.1992 was constrained to seek voluntary retirement on account of his ill health, which was accepted w.e.f. 30.5.2022. It has been submitted that subsequently on account of his improved health, he represented to the respondents by way of filing representation dated 25.2.2023 (Annexure P-1) as well as legal notice dated 14.3.2023 (Annexure P-2) to re-enlist him in terms of provisions of Rule 12.24 of Punjab Police Rules, but till date the same have not been considered. 3.

Notice of motion.

PANKAJ KAKKAR 2023.08.04 17:51 I attest to the accuracy and authenticity of this document

CWP-13151-2023 (O&M) ( 2 ) 2023:PHHC:100448 4.

At this stage, Mr. Inderpreet Singh Kang, AAG, Punjab, upon whom an advance copy of petition had already been served, accepts notice on behalf of respondent-State.

5.

Learned State counsel submitted that the case of the petitioner shall be duly considered in accordance with law and existing rules. 6.

Having regard to the facts and circumstances of the case, but without commenting anything as regards the merits of the case, the instant petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Gurdaspur to consider and dispose of the representation dated 25.2.2023 (Annexure P-1) as well as legal notice dated 14.3.2023 (Annexure P-2) by passing a speaking order in accordance with law expeditiously preferably within a period of 4 months from today. 7.

A copy of this order along with copy of representation dated 25.2.2023 (Annexure P-1) as well as copy of legal notice dated 14.3.2023 (Annexure P2) be sent to respondent No.2 - Senior Superintendent of Police, Gurdaspur for necessary compliance.

4.8.2023 ( GURVINDER SINGH GILL ) Pankaj JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2023.08.04 17:51 I attest to the accuracy and authenticity of this document