High Court of Punjab and HaryanaCWP/6476/2016disposed of

Harbans Kaur And ORS v. State Of Punjab And ORS

2016-04-06Mr. Justice A.B. Chaudhari3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 06.04.2016 Harbans Kaur and others ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Vikas Chatrath, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The petitioners seek the relief of exercising new option in terms of Punjab Government Instructions dated 24.01.2011 (Annexure P-6), 07.02.2011 (Annexure P-7) and 25.10.2012 (Annexure P-8) whereby, the employees were held entitled for grant of the benefit of change of option by generalizing the same and it was decided to grant similar benefit to all the employees. The benefit of various judicial pronouncements including CWP No. 7464 of 2009, Surinder Kumar and others vs. State of Punjab and others, decided on 25.02.2010 (Annexure P-3) as well as CWP No. 21250 of 2015, Dr. Rakesh Sharma vs. State of Punjab and others, decided on 05.10.2015 (Annexure P-18) was thus to be extended. Counsel for the petitioner submits that a legal notice dated 02.01.2016 (Annexure P-10) has been served upon the respondents for the necessary relief but no action has been taken on the same. Counsel further submits that he would be satisfied if the same is decided within a time bound frame.

Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of the respondents. Copy of the writ petition has been supplied to him in Court. Keeping in view the limited relief sought, this Court is of the opinion that there is no need for the respondents to file reply. Accordingly, without commenting on the merits of the case and the entitlement of the petitioner, the writ petition is disposed of with a direction to respondent no. 2 to decide the legal notice dated 02.01.2016 (Annexure P-10) within a period of 2 months from the date of receipt of certified copy of the order. If the petitioners are found entitled to the said benefits, the same be disbursed to them within a period of one month thereafter. Needless to say if the relief is to be denied, a reasoned order be passed and conveyed to the petitioners.

06.04.2016 (G.S. SANDHAWALIA) shivani JUDGE