High Court of Punjab and HaryanaCWP/28548/2018disposed of

Niranjan Singh v. State Of Punjab And ANR

2018-12-11Mr. Justice Harsimran Singh Sethi2 pages

CWP-28548-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-28548-2018 Date of decision: - 11.12.2018 Niranjan Singh and others ....Petitioners

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Sukhpreet Kaur, Advocate, for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioners are relying upon the order passed by this Court in CWP No.17661 of 2013 (Rajinder Singh Versus State of Punjab and others), decided on 13.11.2014, to claim that the petitioners are entitled to count the service rendered by them during the Second National Emergency as qualifying service and therefore, their pensionary benefits should be re-calculated and re-fixed. Counsel for the petitioners further states that CWP No.1809 of 2017, filed by a similarly situated person was disposed of by this Court on 27.03.2017 by directing the authorities to consider his case in view of the judgment rendered in the above-said CWP No.17661 of 2013. Counsel for the petitioners further states that for the relief which has been sought in the present writ petition, the petitioners have NARESH KUMAR 2018.12.17 16:22 I attest to the accuracy and integrity of this document Chandigarh

CWP-28548-2018 -2submitted a representation dated 17.09.2018 (Annexure P-7), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said representation by passing a speaking order. In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioners, the respondents are directed to decide the representation dated 17.09.2018 (Annexure P-7) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months. Further, the respondents while passing the order, shall also keep in mind the judgment rendered by this Court in CWP No.17661 of 2013, decided on 13.11.2014.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 11, 2018 JUDGE naresh.k Whether reasoned/speaking?

No Whether reportable?

No NARESH KUMAR 2018.12.17 16:22 I attest to the accuracy and integrity of this document Chandigarh