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High Court of Punjab and HaryanaCWP/22093/2024disposed of

Anoop Rani v. State Of Haryana And Others

2024-09-04Mr. Justice Namit Kumar2 pages

CWP No.22093 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.22093 of 2024 (O&M) Date of decision: 04.09.2024 Anoop Rani ....Petitioner

Versus

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

Present:

Mr. Parveen Kumar Garg, Advocate for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

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 certiorari, quashing the impugned action of the respondents in not considering the case of the petitioner for grant of pension. Further a writ of mandamus has been sought for directing the respondents to consider the case of the petitioner for grant of pension under the Old Pension Scheme as was applicable in Haryana before 01.01.2006 and to release the arrears along with interest @ 18% per annum.

2.

Learned counsel for the petitioner submits that the petitioner retired from service as Beldar on attaining the age of superannuation on 30.09.2022 and all her retirement benefits i.e. gratuity and leave encashment, etc. have been released, however, the MOHD YAKUB 2024.09.05 09:21 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.22093 of 2024 (O&M) respondent - Department failed to grant pension to the petitioner, despite submitting various representations followed by a legal notice dated 27.03.2024 (Annexure P-8). He further submits that the petitioner would be satisfied in case time bound directions are issued to respondent No.3 to consider and decide the said legal notice dated 27.03.2024 (Annexure P-8), by passing a speaking order. 3.

Notice of motion.

4.

Mr. Saurabh Mohunta, DAG, Haryana, 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.3 to decide legal notice dated 27.03.2024 (Annexure P-8), 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.

(NAMIT KUMAR) JUDGE 04.09.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.09.05 09:21 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh