High Court of Punjab and HaryanaCWP/20951/2016disposed of

Parvinder Pal v. State Of Punjab & ORS.

2016-10-05Mr. Justice S.P. Bangarh2 pages

CWP 20951/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:05/10/2016 Parvinder Pal ............Petitioner vs State of Punjab and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Pawan Kumar Goklaney,Advocate for the petitioner. Jaswant Singh,J(Oral) Petitioner-Parvinder Pal working as Mali-cum-Chowkidar in the office of Executive Engineer,Water Supply and Sanitation Division No.2, Ferozepur was engaged on daily wage basis as Mali-cum-Chowkidar on 1.6.1990 and his services as such were regularized with effect from 24.5.2011.

By way of present writ petition he is seeking issuance of a writ in the nature of mandamus directing the respondents to count his entire daily wage service for the purpose of pensionary benefits. Further prayer is to direct the respondents to permit the petitioner to continue with GPF Scheme as applicable to the employees recruited in the Punjab Government service prior to 1.1.2004 in view of the judgment passed by this Court in CWP No.2371 of 2010 titled as Harbans Lal v State of Punjab and others decided on 31.8.2010 (P-5) as the said judgment has attained finality because of dismissal of SLP and the Review Petition filed by the State.

At the time of hearing learned counsel for the petitioner Rajinder Parshad Joshi 2016.10.06 17:37 I attest to the accuracy and integrity of this document submits that petitioner would be satisfied if respondents are directed to

CWP 20951/2016 decided his legal notice dated 6.6.2016 (P-12) as the respondents have not taken any action thereupon so far.

Notice of motion.

At the asking of the Court, Mr.Vaibhav Sharma,DAG Punjab accepts notice.

Keeping in view the limited prayer of the petitioner and also the fact that the matter has already been settled and similarly situated employees have been granted the benefit, the present petition is disposed of with a direction to authorities concerned to decide the legal notice dated 6.6.2016 (P-12) within a period of three months from the date of receipt of certified copy of this order by passing a speaking order. The admissible relief shall be granted/released soon thereafter.

Ordered accordingly.

Disposed of.

05/10/2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.10.06 17:37 I attest to the accuracy and integrity of this document