High Court of Punjab and HaryanaCWP/19861/2019disposed of

Bhan Singh v. State Of Punjab And Others

2019-07-22Mr. Justice Harsimran Singh Sethi2 pages

CWP-19861-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19861-2019 Date of decision: - 22.07.2019 Bhan Singh

...Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Surmukh Singh, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner states that petitioner had worked as an unskilled labourer from 24.07.1989 to 08.03.1998 after which his services were regularized on 09.03.1998.

Counsel for the petitioner argues that the petitioner superannuated on attaining the age of superannuation on 31.07.2018, but the service, which he had rendered from 24.07.1989 till 08.03.1998, has not been taken into consideration as a qualifying service for the grant of pensionary benefits.

Counsel for the petitioner further states that in view of the judgment of the Full Bench of this Court in Kesar Chand Vs. State of Punjab and others', AIR 1988 Punjab 265, the service which an employee has rendered as an unskilled labourer on daily wage basis, is NARESH KUMAR 2019.07.25 12:55 I attest to the accuracy and integrity of this document Chandigarh

CWP-19861-2019 -2liable to be counted as a qualifying service for the grant of pensionary benefits.

Counsel for the petitioner states that for the relief which has been sought in the present writ petition, petitioner has served the respondents with a legal notice dated 01.04.2019 (Annexure P-7), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 01.04.2019 (Annexure P-7) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) July 22, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.07.25 12:55 I attest to the accuracy and integrity of this document Chandigarh