High Court of Punjab and HaryanaCWP/23482/2019disposed of

Jagjit Singh Brar v. State Of Punjab And Others

2019-08-30Mr. Justice Harsimran Singh Sethi2 pages

CWP-23482-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23482-2019 Date of decision: - 30.08.2019 Jagjit Singh Brar ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Pawan Kumar Goklaney, Advocate for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance of the petitioner is that the pension of the petitioner was allowed to be refixed in view of the judgment rendered by this Court in CWP No.25733 of 2012, titled as 'A.P. Sharma and others Vs. State of Punjab and others', decided on 22.10.2013 as well as CWP No.2866 of 2014 titled as 'Karanvir Singh and others Vs. State of Punjab and others, decided on 30.09.2016 alongwith other connected cases, but the benefit of the said judgments has not been extended to the petitioner on the ground that he was not a party to the said litigation(s).

Counsel for the petitioner further argues that keeping in view the settled principle of law settled by the Division Bench of this Court in Satbir Singh Vs. State of Haryana, 2002(2) S.C.T. 354, once a question NARESH KUMAR 2019.09.05 10:37 I attest to the accuracy and integrity of this document Chandigarh

CWP-23482-2019 -2of law has been decided by a Competent Court, all the similarly situated employees are entitled for the grant of relief without forcing them to approach this Court.

Counsel for the petitioner states that for the relief which has been sought in the present writ petition, petitioner has served the respondents with a legal notice dated 13.05.2019 (Annexure P-19), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued 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 or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 13.05.2019 (Annexure P-19) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) August 30, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.09.05 10:37 I attest to the accuracy and integrity of this document Chandigarh