High Court of Punjab and HaryanaCWP/7317/2016disposed of

Nanak Chand v. State Of Punjab And ORS

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

CWP No. 7317 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 7317 of 2016 Date of decision: 23.04.2016 Nanak Chand ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

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

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the benefit of military service rendered during the first and second national emergencies as per the notifications (Annexures P-2 to P-4). Reliance is also placed upon the Division Bench judgment in CWP No. 17661 of 2013, Rajinder Singh vs. State of Punjab and others, decided on 13.11.2014 (Annexure P-6). The pleaded case of the petitioner is that he was enrolled in the Army on 24.12.1962 and continued in service and was discharged on 31.12.1984. Thereafter, he joined the Education Department as S.S. Master on 89 days basis and thereafter on 14.08.1989 was appointed on regular basis in the Government High School, Janauri, District Hoshiarpur. He retired on 31.08.2003 after attaining the age of superannuation. Counsel submits that the petitioner has already served a legal notice on 15.02.2016 (Annexure P-5) and he would be satisfied if the said legal notice is decided within a time bound frame. Notice of motion.

SHIVANI GUPTA 2016.04.28 15:26 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 7317 of 2016 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. 4 to decide the legal notice dated 15.02.2016 (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