High Court of Punjab and HaryanaCWP/30276/2018disposed of

Kashmira Singh And ORS v. Pepsu Road Transport Corporation

2018-11-30Mr. Justice Arun Palli2 pages

CWP-30276-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-30276-2018 Date of decision: - 30.11.2018 Kashmira Singh and others ....Petitioners

Versus

Pepsu Road Transport Corporation .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Vikas Chatrath, Advocate, for the petitioners. **** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the grievance which has been raised by the petitioners is that they are entitled for computing of qualifying service from the date when they joined their service and not from the date when the contribution of provident fund was deducted. Petitioners are relying upon law laid down by this Court directing that the employees are entitled to count the total service for computing pensionary benefits.

Service rendered even prior to the date when the contribution towards provident fund was deducted will be taken into account for computing pensionary benefits with the conditions that employees have to deposit contribution for the period for which it was not deducted. Counsel for the petitioners states that for the relief which has been claimed in the present petition, the petitioners has served a legal notice on 28.05.2018 (Annexure P-6), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in NARESH KUMAR 2018.12.

CWP-30276-2018 -2case a time bound direction is given to the respondents to decide the said legal notice.

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 legal notice dated 28.05.2018 (Annexure P-6) 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.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) November 30, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.07 15:27 I attest to the accuracy and integrity of this document Chandigarh