Jasvinder Kaur v. State Of Punjab & ORS

CWP No. 8974 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 8974 of 2015 Date of decision: 03.12.2015 Jasvinder Kaur ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. R.K. Arora, Advocate, for the petitioner.

Mr. Rakesh Verma, Sr. DAG, Punjab.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks relief of release of pension and retiral benefits for her entire service by counting her previous service rendered in Shaheed Bhagat Singh Municipal College, Kotkapura followed by her service in Shaheed Bhagat Singh Government College, Kotkapura on pensionable post. The relief claimed is in view of the decision of this Court in CWP No. 19214 of 2009, Darshan Singh vs. State of Punjab and others, decided on 23.08.2011 and upheld in LPA No. 637 of 2012 decided on 06.11.2012.

Counsel submits that a legal notice dated 19.03.2015 (Annexure P-11) has also been served on respondent no. 2 claiming the benefit of the previous service in view of the college having been taken over on 12.05.1997 by the State Government. Thus service rendered by the petitioners prior to the taking over is to be reckoned for the grant of pensionary/retiral benefits. It is also the case of the petitioner that in similar SHIVANI GUPTA 2015.12.05 10:50 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 8974 of 2015 circumstances, a direction has been issued by this Court on 26.11.2012 in CWP No. 23213 of 2012, Baljit Singh Virk and others vs. State of Punjab and others in the case of seven other employees and the Government has granted the said benefit.

Counsel submits that he would be satisfied at this stage if a direction is issued to the respondent to take a decision on the above said representation within a time bound frame. In view of the above, this Court does not feel it necessary to wait for the respondents to file reply.

Accordingly, this writ petition is disposed of with a direction to respondent no. 2 to take into consideration the legal notice dated 19.03.2015 (Annexure P-11) and decide the same within a period of 3 months from the date of receipt of certified copy of the order. If the necessary relief is due, the consequential benefits be paid within a period of 2 months thereafter. Needless to say that in case the relief is to be denied, the order should contain reasons.

03.12.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.12.05 10:50 I attest to the accuracy and integrity of this document Chandigarh