High Court of Punjab and HaryanaCWP/20845/2019disposed of

Tarsem Singh v. State Of Punjab And ORS

2019-07-30Mr. Justice Harsimran Singh Sethi2 pages

CWP-20845-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20845-2019 Date of decision: - 30.07.2019 Tarsem Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- None for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the claim which is being raised by the petitioner is that the service which he had rendered on the post of Special Police Officer prior to the date of regularization of his service on 26.06.2004, should be counted as a qualifying service for the grant of pensionary benefits.

As per the averments made in the petition, petitioner retired from the post of Senior Constable on attaining the age of superannuation w.e.f. 30.11.2015.

Petitioner claims that the service, which he rendered as a Special Police Officer, has not been taken into consideration as qualifying service for the grant of pensionary benefits and in this regard he has placed reliance upon an order of this Court passed in Civil Revision NARESH KUMAR 2019.08.02 12:22 I attest to the accuracy and integrity of this document Chandigarh

CWP-20845-2019 -2No.2295 of 2010 titled as 'Constable Rajinder Kumar Vs. State of Punjab and others', decided on 06.09.2010 (Annexure P-5) to claim the same.

From the averments, it transpires that for the relief, which has been sought in the present writ petition, petitioner has also served the respondents with a legal notice on 14.05.2019 (Annexure P-8), which is still pending consideration with the respondents. Interest of justice will be served, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice by passing an appropriate speaking order.

Without expressing any opinion on the merits of the case and entitlement of the petitioner in respect of the claim made in the writ petition/legal notice, the respondents are directed to decide the legal notice dated 14.05.2019 (P-8) within a period of three months from the date of receipt of a certified copy of this order. In case it is found that the petitioner is entitled for any relief, the same shall also be released to him within a period of next three months.

Present writ petition stands disposed of ( HARSIMRAN SINGH SETHI ) July 30, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.08.02 12:22 I attest to the accuracy and integrity of this document Chandigarh