Devinder Singh v. State Of Punjab And ORS

CWP No.21535 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.21535 of 2024 (O&M) Date of decision: 31.08.2024 Devinder Singh ....Petitioner

Versus

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

Present:

Mr. Amrik Singh, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to fix the revised pay of the petitioner w.e.f. 01.01.2016 according to notification dated 05.07.2021 (Annexure P-1) and notification dated 20.09.2021 (Annexure P-2) and to pay accrued arrears and consequent revised pension accordingly and to pay the arrears of revised pay and pension along with interest @ 18% per annum from the date of accrual till actual realization of the same.

2.

Learned counsel for the petitioner submits that the petitioner retired from service on attaining the age of superannuation on 31.05.2018, however, revised pensionary benefits in view of notifications dated 05.07.2021 and 20.09.2021 (Annexures P-1 and P-2) have not been released. He further submits that the petitioner has MOHD YAKUB 2024.08.31 13:06 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.21535 of 2024 (O&M) submitted various representations followed by a legal notice dated 23.07.2024 (Annexure P-6), however, the same has neither been replied nor the benefits have been released to the petitioner. He further submits that the petitioner would be satisfied, in case time bound directions are issued to respondent No.4 to consider and decide the legal notice dated 23.07.2024 (Annexure P-6), by passing a speaking order. 3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of the respondents and has no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.4 to decide legal notice dated 23.07.2024 (Annexure P-6), submitted by the petitioner expeditiously, by passing a speaking order, preferably within a period of 03 months from the date of receipt of certified copy of this order. Necessary benefits, if any, found due to the petitioner shall be released expeditiously preferably within a period of 04 weeks thereafter. (NAMIT KUMAR) JUDGE 31.08.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.08.31 13:06 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh