Arbinder Singh And ORS. v. State Of Punjab And ORS.

CWP No.8040 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 209-2 CWP No.8040 of 2017 (O&M) Date of decision: 14.10.2024 Arbinder Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Puneet Sharma, Advocate for the petitioners.

Mr. Surya Kumar, AAG, Punjab for respondents No.1 and 2.

Mr. Sanjeev Soni, Advocate with Mr. Sarthak Soni, Advocate for respondent No.3.

NAMIT KUMAR J. (Oral) Prayer in this writ petition filed by the petitioners under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned second speaking order dated 12.08.2016 (Annexure P-10) whereby respondent No.3 while departing from the previous order dated 30.10.2015 (Annexure P7) and taking U-turn after granting the benefits to the petitioners vide first speaking order dated 05.08.2016 (Annexure P-9) and further granting benefits to all the similarly situated employees, has referred the claim of the petitioners to a Committee. Further a writ of mandamus has been sought for directing respondent No.3 to extend all the service MOHD YAKUB 2024.10.15 09:55 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.8040 of 2017 (O&M) benefits as have been given to similarly situated employees who had preferred the claim before Industrial Tribunal, Punjab, as decided vide order dated 09/27.12.1999 (Annexure P-1) and other similarly situated 13 employees who had sought similar benefits and were granted as well vide order dated 30.10.2015 (Annexure P-7).

Learned counsel for the petitioners submits that earlier petitioners No.1, 4 and 10, have withdrawn the writ petition to enable them to submit a detailed representation to the department for redressal of their grievances and the said claim of those petitioners have been accepted by the respondent - department vide order dated 18.11.2021. He submits that the remaining petitioners may also be allowed to withdraw the present petition with liberty to approach the competent authority for redressal of their grievances and the respondents may be directed to consider the claim of the petitioners in a time bound manner. If any such representation is submitted by the petitioners (except petitioners No.1, 4 and 10), within a period of one month from today, the same shall be considered and decided by respondent No.3 within a period of three months thereafter.

Disposed of in the above terms.

(NAMIT KUMAR) JUDGE 14.10.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.10.15 09:55 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh