Harbans Lal v. Punjab State Power Corporation Ltd And Os

CWP No.5040 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.5040 OF 2018 DECIDED ON: MARCH 01, 2018 HARBANS LAL .....PETITIONER

VERSUS

PUNJAB STATE POWER CORP. LTD.

.....RESPONDENTS AND OTHERS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. S.K. Rattan, Advocate for the petitioner. ***** JASPAL SINGH, J.

Through the instant civil writ petition, preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ, order or direction especially in the nature of mandamus directing the respondents to grant revised pension as well as pensionary benefits by counting work charge service w.e.f. 01.06.1980 to 27.02.1991, which becomes 10 years & 9 months approx. along with regular service w.e.f. 28.02.1991 to 30.06.2010, which becomes around 19 years and 04 month approx. and total service become 30 years approx., but petitioner granted pension only for 39 half years, whereas he is entitled for pension for 30 years (60 half years) and further grant of interest @ 12% p.a. on revised pension and other pensionary benefits for which petitioner is entitled.

4.

Learned counsel for the petitioner contends that though a legal notice dated 02.01.2018 (P-3) was served upon the respondents but till date neither any reply to the said legal notice has been received nor any final order Sonika 2018.03.07 11:12 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.5040 OF 2018 --2-- has been passed by the respondents.

5.

Learned counsel for the petitioner further submits that he feels satisfied in case a direction is issued to respondent No.2 to decide his legal notice dated 02.01.2018 (P-3) in a time bound manner. 6.

In view of above, instant petition is disposed of with a direction to respondent No.2-Sr.Executive Engineer, Distribution Division, Punjab State Power Corporation Limited, Dasuya, Distt. Hoshiarpur to look into the grievances unfolded by the petitioner in his legal notice dated 02.01.2018 (P-3) and to take a conscious decision by passing a speaking order in view of judgment "Kesar Chand vs. State of Punjab, AIR 1988, Punjab, 265 within a period of three months from the date of receipt of a certified copy of this order. In case, competent authorities comes to the conclusion that petitioner is entitled to the relief(s) claimed, same be released to him within a period of next one month. Factum of interest in view of judgment passed by Full Bench of this Court in case A.S. Randhawa vs. State of Punjab & Ors., 1997 (3) SCT 468 as well as judgment passed by this Court in Baldev Singh vs. State of Punjab and Anr., CWP No.24845 of 2015, decided on August 01, 2017, be also considered on delayed payment(s).

7.

However, if petitioner still feels aggrieved by any of the orders passed by the aforesaid authority concerned, he shall be at liberty to approach this Court.

MARCH 01, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.03.07 11:12 I attest to the accuracy and authenticity of this document Chandigarh