Raghvir Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.20026 of 2020 Date of Decision: 25.11.2020 Raghvir Singh

...Petitioner

Vs.

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Baljeet Singh Sidhu, Advocate, for the petitioner.

Mr. D.S.Shukarchakia, DAG, Punjab..

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein is under Article 226 of Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to count daily wage service of the petitioner rendered before regularization towards qualifying service for the purpose of pensionary/ retiral benefits.

2.

Learned counsel for the petitioner submits that petitioner was appointed as Special Police officer (SPO) on 20.11.1992 on daily wages. After going through the selection process, he was found eligible to be absorbed as Constable and his services were regularized on 18.05.2010. On regularization, he is being treated as fresh entrant into service and has been excluded from the benefits of pension, GPF etc. 3.

Learned counsel for the petitioner relies on judgment passed by this Court in CWP No. 2371 of 2010 dated 31.03.2010 titled as Harbans Lal Versus State of Punjab and Others contained at Annexure P- 3. 4.

Learned counsel for the petitioner submits that petitioner submitted a representation dated 10.06.2020 (Annexure P-4) but the same SONU 2020.11.26 18:57 I attest to the accuracy and integrity of this document

has not been adverted by the respondents till date. Hence, the instant petition.

5.

Notice of motion.

6.

Mr. D.S.Shukarchakia, DAG, Punjab on service of advance copy of the petition appears and accepts notice on behalf of the respondentState of Punjab. 7.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

8.

Without commenting anything on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the representation dated 10.06.2020 (Annexure P-4) and also by keeping in view the contentions stated in the present petition by treating the same as supplementary representation and pass a speaking order, in accordance with law, as expeditiously as possible.

NOVEMBER 25, 2020 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable Yes/No SONU 2020.11.26 18:57 I attest to the accuracy and integrity of this document