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High Court of Punjab and HaryanaCWP/11375/2016disposed of

Jagdish Singh v. State Of Punjab & ORS

2016-06-01Mr. Justice A.B. Chaudhari2 pages

CWP No. 11375 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 11375 of 2016 Date of decision: 01.06.2016 ASI Jagdish Singh ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. Vivek S. Dadwal, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the benefit of military service rendered by him during the second national emergency for the purpose of pension as per notifications dated 02.02.1982, 15.10.2009 and 10.04.2012 (Annexures P-2 to P-4) and in view of the light of law laid down by the Division Bench in CWP No. 17661 of 2013, Rajinder Singh vs. State of Punjab and others decided on 13.11.2014 (Annexure P-6).

It is the case of the petitioner that he was enrolled in the Army on 06.06.1972 and had participated in the second national emergency operation w.e.f. 03.12.1971 to 25.03.1977. He was discharged on 09.08.1981 and thereafter joined the Punjab Police as a Constable on 10.09.1989 and retired as ASI on 30.09.2015.

It is submitted that legal notice dated 28.02.2016 (Annexure P5) has already been served upon the respondents but of no avail and he would be satisfied if the said legal notice is decided within a time bound frame.

SHIVANI GUPTA 2016.06.02 15:05 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 11375 of 2016 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, the writ petition is disposed of with a direction to respondent no. 3 to decide legal notice dated 28.02.2016 (Annexure P-5) 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.

01.06.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.06.02 15:05 I attest to the accuracy and integrity of this document Chandigarh