High Court of Punjab and HaryanaCWP/22489/2017disposed of

Parminder Singh v. State Of Punjab & ORS

2019-01-22Mr. Justice Harsimran Singh Sethi2 pages

CWP-22489-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-22489-2017 Date of Decision: - 22.01.2019 Parminder Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. S.K. Rattan, Advocate for the petitioner Mr. Mehardeep Singh, Additional Advocate General, Punjab for respondents No.1 and 2.

Mr. Akshay Sandhir, Advocate for respondent No.3.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the petitioner is praying that his Adhoc service from 14.09.1980 till 24.06.1988 should also be taken as a qualifying service for computing the pensionary benefits. In support of his submission, counsel for the petitioner relies upon a judgment of Full Bench of this Court in Kesar Chand Vs. State of Punjab and others', AIR 1988 Punjab 265, wherein, it has held that Adhoc service prior to the regularization of service is to be taken into account as a qualifying service for computing the pensionary benefits. NARESH KUMAR 2019.01.25 15:38 I attest to the accuracy and integrity of this document Chandigarh

CWP-22489-2017 -2Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served respondents with a legal notice dated 15.07.2017 (Annexure P-10), 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. Learned counsel for respondent No.3 states that he has no objection in case the prayer made by the counsel for the petitioner today with regard to disposal of the above-said legal notice within a time bound manner is accepted.

In view of the above, without expressing any opinion on the merits of the case and the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 15.07.2017 (Annexure P-10) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of next three months.

Present writ petition stands disposed of.

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

Yes Whether reportable?

No NARESH KUMAR 2019.01.25 15:38 I attest to the accuracy and integrity of this document Chandigarh