High Court of Punjab and HaryanaCWP/23213/2016disposed of

Khazan Singh v. State Of Punjab And ORS.

2019-12-02Mr. Justice Harsimran Singh Sethi2 pages

CWP-23213-2016 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23213-2016 Date of decision: - 02.12.2019 Khazan Singh ....Petitioner

Versus

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

Mr. Rana Harjasdeep Singh, DAG, Punjab.

**** HARSIMRAN SINGH SETHI , J. (ORAL) The grievance which is being raised in the present writ petition is that as per the settled principle of law, the employee is entitled 100% provisional pension even if any proceedings are pending against him, but the petitioner is not being paid 100% provisional pension, which is contrary to the settled principle of law as settled by the Full Bench of this Court in LPA No.113 of 2012 titled as 'Punjab State Civil Supplies Corporation Limited and others Vs. Pyare Lal', decided on 11.08.2014 Learned counsel for the respondents very fairly states that the respondents be given another opportunity to reconsider the case of the NARESH KUMAR 2019.12.19 17:19 I attest to the accuracy and integrity of this document Chandigarh

CWP-23213-2016 -2petitioner for the grant of 100% provisional pension keeping in view the order passed by this Court in Pyare Lal's (supra), according to which an employee, against whom the proceedings are pending, is entitled 100% provisional pension.

Keeping in view the statement made by learned counsel for the respondents for reconsidering the case of the petitioner as per Pyare Lal's case (supra), the present writ petition is disposed of with the direction to the respondents to pass an appropriate speaking order in respect of the claim of the petitioner for grant of 100% provisional pension, within a period of three months from receipt of certified copy of this order.

It is made clear that while passing the speaking order, the respondents shall keep in mind the order passed in Pyare Lal's case (supra).

Present writ petition is disposed off in above terms. ( HARSIMRAN SINGH SETHI ) December 02, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.12.19 17:19 I attest to the accuracy and integrity of this document Chandigarh