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High Court of Punjab and HaryanaCWP/22187/2017disposed of

Hardev Singh And Others v. Financial Commissioner And Others

2017-09-27Mr. Justice Rajan Gupta2 pages

CWP No.22187 of 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.22187 of 2017 DECIDED ON: SEPTEMBER 27, 2017 HARDEV SINGH AND OTHERS .....PETITIONERS.

VERSUS

FINANCIAL COMMISSIONER .....RESPONDENTS.

AND PRINCIPAL SECRETARY TO GOVERNMENT OF PUNJAB, TRANSPORT DEPARTMENT AND OTHERS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. P.S. Khurana, Advocate, for the petitioners.

***** JASPAL SINGH, J (ORAL) By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioners have sought issuance of a writ in the nature of mandamus directing the respondents to grant and recompute the pension/family pension of the petitioners w.e.f. 01.01.2006 in terms of notification dated 22.02.2010 (Annexure P-3), the judgment of this Court passed in CWP No. 25733 of 2012, titled as "A.P. Sharma and others v. State of Punjab and others", decided on 22.10.2013 (Annexure P-4) and upheld in LPA No. 352 of 2014 decided on 31.08.2016 and CWP No. 2866 of 2014, titled as "Karanvir Singh and others v. State of Punjab and others" (Annexure P-5) AS WELL Sonika 2017.09.28 15:58 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.22187 of 2017 --2-- AS to grant all the consequential benefits and further revision in their pension/family pension w.e.f. 01.12.2011 in the revised pay scale as provided in column No.8 of Government instructions.

2.

At the very outset, learned counsel for the petitioners submits that though legal notice dated 15.01.2017 (Annexure P-7) and subsequent reminder dated 16.08.2017 (Annexure P-10) were duly served upon the respondents but till date, it did not fetch any reply nor any conscious decision has been taken. He further submits that petitioners feel satisfied in case direction is issued to respondent(s) to decide the legal notice dated 15.01.2017 (Annexure P-7) within a stipulated period.

3.

Accordingly, instant petition is disposed of with a direction to respondent(s) to look into the grievances unfolded by the petitioners in their legal notice dated 15.01.2017 (Annexure P-7) and to decide the same, keeping in view the judgments passed by this Court in A.P. Sharma's case (supra) (Annexure P-4), Karanvir Singh's case (supra) (Annexure P-5) as well as CWP No. 19299 of 2017, titled as "Dharampal Goel and others v. State of Punjab and another", decided on 28.08.2017, within a period of three months from the date of receipt of certified copy of this order. 4.

However, if the petitioners still feel aggrieved of the order passed by the concerned authority, they shall be at liberty to approach this Court. SEPTEMBER 27, 2017 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2017.09.28 15:58 I attest to the accuracy and authenticity of this document Chandigarh