High Court of Punjab and HaryanaCWP/17185/2015disposed of

Harbans Singh v. State Of Punjab And ORS

2015-08-19Mr. Justice A.B. Chaudhari1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 17185 of 2015 Date of decision: 19.08.2015 Harbans Singh ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Ms. Manpreet Ghuman, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The present writ petition has been filed for issuance of a writ in the nature of mandamus directing the respondents to grant increments to the petitioner as he served the Indian Army during the period of Second National Emergency from 03.12.1971 to 25.02.1977 and he is entitled to grant of increments and pension as mentioned in the Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2009.

Counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to respondent no. 3 to consider the representation filed on 06.07.2015 (Annexure P-2) since the petitioner has already retired on 31.05.2005.

Perusal of the representation filed would go on to show that the petitioner has alleged that he had joined Army Service on 05.10.1965 and served the Indian Army upto 28.02.1987. Thereafter, he had been employed with the respondents and rendered service upto 31.03.2005. Without commenting on the merits of the case and the right of the petitioner, the present writ petition is disposed of with a direction to respondent no. 3 to decide the said representation (Annexure P-2) within a period of 3 months from the date of receipt of certified copy of the order. Needless to say that in case the relief is to be denied to the petitioner, a reasoned order be passed by the said respondent. 19.08.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.08.20 16:11 I attest to the accuracy and integrity of this document Chandigarh