High Court of Punjab and HaryanaCWP/7301/2016disposed of

Balbir Singh v. State Of Punjab And ORS

2016-04-23Mr. Justice A.B. Chaudhari2 pages

CWP No. 7301 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 7301 of 2016 Date of decision: 23.04.2016 Balbir Singh ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. Daljeet S. Jaswal, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the benefit of military service rendered during the second national emergency (27.12.1971 to 03.06.1976) as per the notifications (Annexures P-2 to P-4). Accordingly, direction is sought for refixing the pay of the petitioner and revision of his pension alongwith arrears and interest.

The pleaded case of the petitioner is that he was enrolled in the Army on 27.12.1971 during the currency of the second national emergency and was discharged on 03.06.1976. Thereafter, he joined the Punjab Roadways on 26.10.1977 and retired as Sub Inspector on 31.12.2011. Counsel submits that for the above said benefits as per the notifications, the petitioner has already served a legal notice on 18.01.2016 (Annexure P-5) and he would be satisfied if the said legal notice is decided within a time bound frame.

Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of the SHIVANI GUPTA 2016.04.28 15:26 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 7301 of 2016 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 this writ petition is disposed of with a direction to respondent no. 4 to decide the legal notice dated 18.01.2016 (Annexure P-5) within a period of 3 months from the date of receipt of certified copy of the order. Needless to say if the relief is to be denied, a reasoned order be passed and conveyed to the petitioner.

23.04.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.04.28 15:26 I attest to the accuracy and integrity of this document Chandigarh