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High Court of Punjab and HaryanaCWP/5779/2016disposed of

Pritpal Singh And ANR. v. State Of Punjab And ANR.

2016-03-29Mr. Justice A.B. Chaudhari2 pages

Civil Writ Petition No.5779 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5779 of 2016 Date of decision: 29.3.2016 Pritpal Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE G.S.SANDHAWALIA

Present:

Mr. Anoop Singla, Advocate for the petitioner. *** G.S.SANDHAWALIA, J. (Oral) The petitioners seek release of pensionary benefits i.e. gratuity by counting of past service rendered by them in the previous department along with interest.

The pleaded case of the petitioners is that they had joined Kotkapura Co-operative Spinning Mills Ltd., Sandhwan, Distt. Faridkot on 21.2.1984 and 13.12.1981 respectively. Notice of retrenchment had been served upon them whereby they along with others had approached this Court by way of filing Civil Writ Petition No.2483 of 1999 titled as Pawan Kumar Dutta and others Vs. State of Punjab and others which came up for hearing on 28.9.1999. Certain directions were issued how the petitioners were to be absorbed. However, they were to be considered as fresh appointees and their pay was to be protected and the past service would be counted for benefits like pension and (if the post is pensionable) and other service benefits but not for seniority. It is further the case of the petitioners that thereafter they were absorbed with respondent no.2 and have retired on 31.05.2008 and 30.11.2015 respectively. However, the gratuity which has been paid to them for the period of service does not take into consideration their earlier service rendered prior to absorption.

PRADEEP KUMAR ARORA 2016.03.30 09:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

Civil Writ Petition No.5779 of 2016 -2Counsel for the petitioners submits that legal notice dated 15.2.2016 (Annexure P/4) in this regard has already been served upon the respondents which is still pending consideration and he would be satisfied if a direction is issued to respondent no.2 to decide the said legal notice within some fixed time frame.

Keeping in view the limited relief sought by the petitioners, this Court is of the opinion that there is no requirement of calling for any reply on behalf of the State.

Accordingly, without commenting upon the merits of the case, the present writ petition is disposed of with a direction to respondent no.2 to take into consideration the said legal notice dated 15.2.2016 (Annexure P/4) and pass an appropriate order in accordance with law within a period of three months from the date of receipt of a certified copy of this order. In case the petitioners are found entitled for the said benefit, the financial benefits be paid to them within one month thereafter. In case any adverse order is to be passed then a reasoned order be passed by the said respondent and be conveyed to the petitioners. The present writ petition is disposed off with the aforesaid directions.

March 29, 2016 (G.S.SANDHAWALIA) Pka Judge PRADEEP KUMAR ARORA 2016.03.30 09:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh