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High Court of Punjab and HaryanaCWP/13289/2017disposed of

Tarlok Singh v. State Of Punjab And Others

2025-11-11Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-13289-2017 (O&M) Date of decision: 11.11.2025 Tarlok Singh ....Petitioner

Versus

State of Punjab and others ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Ms. Ameesha Goel, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab for respondents No.1, 2 and 4.

Mr. Deepak Gupta, Advocate for respondents No.3 and 5.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the order whereby the pensionary benefits of the petitioner have been wrongly calculated (Annexure P-1) and deducted from his DCRG at the time of his retirement. Further a writ of mandamus has been sought, directing the respondents to consider the claim of the petitioner for future pensionary benefits and release the excess amount deducted from his DCRG at the time of his retirement. 2.

Learned counsel for the petitioner submits that he would be satisfied in case, the issue involved in the present petition is considered and decided by the Empowered Committee constituted under the Punjab

Dispute Resolution & Litigation Policy, 2020 (hereinafter 'Punjab Litigation Policy') which was notified vide Notification dated 25.06.2020.

3.

Learned State counsel as well as learned counsel for respondents No.3 and 5 submits that they have no objection in case a direction is issued to the Empowered Committee constituted under the Punjab Litigation Policy for a time-bound consideration and decision of the issue involved in the present petition by passing a speaking order. 4.

I have heard the submissions made by learned counsel for the parties and have perused the record with their able assistance. 5.

In compliance with the order dated 20.03.2025 passed by this Court in CWP No.7727 of 2025 titled as Paramjit Kaur vs. State of Punjab and others and CWP No.7728 of 2025 titled as Major Singh vs. State of Punjab and others, the Government of Punjab vide letter dated 16.04.2025, has constituted an Empowered Committee to address the various issues raised by the employees.

6.

In view of the above, the present petition is disposed of in the following terms:- i. The Empowered Committee constituted under the Punjab Litigation Policy is hereby directed to treat the present writ petition as a comprehensive representation and to consider and adjudicate upon the issue raised herein. In the alternative, the petitioner shall be at liberty to submit a detailed representation setting out his claim within a period of two weeks from the date of receipt of a certified copy of this order.

ii. The Committee shall pass a reasoned and speaking order, after granting an opportunity of personal hearing to the petitioner, within a period of three months from the date of receipt of a certified copy of this order, or from the date of receipt of the petitioner's representation, as the case may be. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted to him forthwith.

7.

Pending miscellaneous applications, if any, shall also stand disposed of.

(HARPREET SINGH BRAR) JUDGE 11.11.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No