High Court of Punjab and HaryanaCWP/30336/2019disposed of

Hardeep Singh v. State Of Punjab And Others

2019-10-19Mr. Justice Harsimran Singh Sethi2 pages

CWP-30336-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-30336-2019 Date of decision: - 19.10.2019 Hardeep Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Ms. Gursimran Kaur, Advocate for Mr. ADS Bal, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) Learned counsel for petitioner states that petitioner retired from service on attaining the age of superannuation on 31.05.1997. Learned counsel for the petitioner argues that keeping in view the instructions dated 22.12.2011 (Annexure P-1), issued by the Government of Punjab, a retiree is entitled for the enhancement of the basic pension upon reaching the age of 65 years, 70 years, 75 years, 80 years, 85 years, 90 years, 95 years and 100 years, respectively. Counsel for the petition further argues that the said benefit, for which the petitioner is entitled for under the instructions dated 22.12.2011 (P-1), has not been extended to him, though, he has already attained the age of 80 years. The prayer of the petitioner is for issuance of NARESH KUMAR 2019.10.29 13:51 I attest to the accuracy and integrity of this document Chandigarh

CWP-30336-2019 -2direction to the respondents to grant him the benefit of enhanced basic pension on attaining the age of 65 year, 70 years, 75 years and 80 years alongwith the arrears.

Counsel for the petitioner states that for the relief, which has been sought in the present writ petition, petitioner has served the respondents with a legal notice dated 09.08.2019 (Annexure P-5), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 09.08.2019 (Annexure P-5) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) October 19, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.10.29 13:51 I attest to the accuracy and integrity of this document Chandigarh