Veena Kumari v. State Of Punjab & ORS

CWP No. 25218 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 25218 of 2015 Date of decision: 03.12.2015 Veena Kumari ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. R.K. Arora, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner, who is the wife of Late Ramesh Kumar, ExEnglish Lecturer seeks the relief of release of pension and retiral benefits of the service rendered by her deceased-husband in Shaheed Bhagat Singh Municipal College, Kotkapura by counting his previous service followed by his service in Shaheed Bhagat Singh Government College, Kotkapura on a pensionable post. The relief claimed is in view of the decision of this Court in CWP No. 19214 of 2009, Darshan Singh vs. State of Punjab and others, decided on 23.08.2011 (Annexure P-5) and upheld in LPA No. 637 of 2012 decided on 06.11.2012 (Annexure P-6). Counsel submits that a representation dated 28.09.2015 (Annexure P-13) has also been served on respondent no. 2 claiming the benefit of the previous service in view of the college having been taken over on 12.05.

1997 by the State Government. Thus service rendered by the petitioners prior to the taking over is to be reckoned for the grant of pensionary/retiral benefits. It is also the case of the petitioner that in similar SHIVANI GUPTA 2015.12.

CWP No. 25218 of 2015 circumstances, a direction has been issued by this Court on 26.11.2012 in CWP No. 23213 of 2012, Baljit Singh Virk and others vs. State of Punjab and others (Annexure P-10) in the case of seven other employees and the Government has granted the said benefit.

Counsel submits that he would be satisfied at this stage if a direction is issued to the respondent to take a decision on the above said representation within a time bound frame. Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of the respondents. A copy of the writ petition has been supplied to him in Court. In view of the above, this Court does not feel necessary to call upon the respondents to file reply.

Accordingly, this writ petition is disposed of with a direction to respondent no. 2 to take into consideration the representation dated 28.09.2015 (Annexure P-13) and decide the same within a period of 3 months from the date of receipt of certified copy of the order. If the necessary relief is due, the consequential benefits be paid within a period of 2 months thereafter. Needless to say that in case the relief is to be denied, the order should contain reasons.

03.12.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.12.05 10:50 I attest to the accuracy and integrity of this document Chandigarh