High Court of Punjab and HaryanaCWP/28136/2017disposed of

Om Parkash And ORS v. State Of Punjab And ANR

2017-12-12Mr. Justice Rajan Gupta2 pages

CWP No. 28136 OF 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 28136 OF 2017 DECIDED ON: DECEMBER 12, 2017 OM PARKASH AND OTHERS .....PETITIONERS

VERSUS

STATE OF PUNJAB AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Gulzar Mohd., Advocate for the petitioners.

***** JASPAL SINGH, J.

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 certiorari quashing Punjab Government Circular dated 13.06.2012 (P-12) and for issuing a writ in the nature of mandamus directing the respondents to refix the pension of the petitioners as per government circular dated 17.08.2009 and 22.02.2010 (P-9 to P-11) on account of increase in pay scales/grade pay and revise pensionary benefits notionally especially in view of decisions of Hon'ble Supreme Court and Hon'ble High Court.

At the very outset of the arguments, learned counsel for the petitioners submits that though legal notice dated 18.05.2017 (Annexure P-16) was duly served upon the respondents but till date no conscious decision has been taken. He feels satisfied in case direction is issued to respondent(s) to Sonika 2017.12.13 13:04 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 28136 OF 2017 --2-- decide aforesaid legal notice, within a stipulated period. 3.

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 18.05.2017 (Annexure P-16) and to decide the same in accordance with Rules, Regulations and Instructions issued by Govt. from time to time, within a period of three months from the date of receipt of certified copy of this order. In case, the concerned authorities come to the conclusion that petitioners are entitled to the relief claimed, that would stand restricted to 38 months in view of Full Bench judgment of this Court in "Saroj Kumari v. State of Punjab and others", 1998(3) SCT 664.

However, if the petitioners still feel aggrieved against the order passed by the concerned authority, they shall be at liberty to approach this Court.

DECEMBER 12, 2017 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Sonika 2017.12.13 13:04 I attest to the accuracy and authenticity of this document Chandigarh