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High Court of Punjab and HaryanaCWP/24749/2024disposed of

Mangat Ram Singla And Others v. State Of Punjab And Others

2024-09-26Mr. Justice Namit Kumar2 pages

CWP No.24749 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.24749 of 2024 (O&M) Date of decision: 26.09.2024 Mangat Ram Singla and others ....Petitioners

Versus

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

Present:

Mr. R.S. Dhillon, Advocate for the petitioners. NAMIT KUMAR J. (Oral) 1.

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 mandamus, directing the respondents to arrange and release the pending amount of Fixed Medical Allowance of Rs.1000/- which was enhanced by the Government of Punjab vide its Notification dated 09.11.2021 (Annexure P-2) for pensioners and family pensioners to implement the recommendations of 6th Punjab Pay Commission. Further prayer has been made to direct the respondents to decide the legal notice dated 15.08.2024 (Annexure P-3), submitted on behalf of the petitioners regarding the release of pending fixed medical allowances to be paid to the present petitioners. 2.

Learned counsel for the petitioners submits that the petitioners are retired employees from Nagar Council Bhucho Mandi, Bathinda and Nagar Council Goianina Mandi, Bathinda and have not been granted the fixed medical allowance of Rs.1000/- per month w.e.f. 01.07.2021 as per Notification dated 09.11.2021 (Annexure P-2). He further submits that the petitioners have served a legal notice dated MOHD YAKUB 2024.09.26 18:34 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.24749 of 2024 (O&M) 15.08.2024 (Annexure P-3) upon the respondents, however, neither the claim of the petitioners has been accepted nor the legal notice has been replied. He further submits that the petitioners would be satisfied in case time bound directions are issued to respondents No.3 and 4 to consider and decide the said legal notice dated 15.08.2024 (Annexure P-3), by passing a speaking order.

3.

Notice of motion.

4.

Mr. Surya Kumar, AAG, Punjab, accepts notice on behalf of respondents No.1 and 2. On the asking of the Court Mr. Shobhit Phutela, Advocate and Mr. Vipul Jindal, Advocate, who are on the panel of Department of Local Government, Punjab, have accepted notice on behalf of respondents No.3 and 4, respectively and have no objection to the innocuous prayer made by learned counsel for the petitioners. 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 respondents No.3 and 4 to consider and decide legal notice dated 15.08.2024 (Annexure P-3), submitted by the petitioners 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 26.09.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.09.26 18:34 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh