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High Court of Punjab and HaryanaCWP/26923/2022dismissed

Santokh Singh And Others v. State Of Punjab And Others

2022-11-23Mr. Justice Rajbir Sehrawat2 pages

CWP-26923-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26923-2022 Date of Decision: 23.11.2022 Santokh Singh and others ...... Petitioners

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Ms. Sangita Dhanda, Advocate, for the petitioners.

***** RAJBIR SEHRAWAT, J. (ORAL) This is a petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to pay gratuity to the petitioner on their superannuation after putting in more than 25 to 35 years of service in compliance of provisions of Payment of Gratuity Act, 1972; along with certain other prayers. It is submitted by the learned counsel for the petitioners that the petitioners were serving as Home Guards with the respondents. They were not granted any gratuity. Learned counsel has further submitted that the similarly situated employees, who were not earlier granted the benefit of gratuity; had approached the authorities under the Payment of Gratuity Act, 1972 (herein after referred to as 'the Act').

Those applications of the said employees were allowed and they were held entitled to the payment of gratuity. Although, the said order in favour of the similarly situated employees was upheld by the appellate authority, however, the matter is VIRENDRA SINGH ADHIKARI 2022.11.

CWP-26923-2022 -2pending before this High Court in CWP No.8289 of 2022 titled as 'State of Punjab and others Vs. Bhupinder Singh and others'. In view of the fact that the similarly situated employees have already approached the authorities under the Act and have been held entitled to the gratuity as per the provisions of the Act, therefore, the petitioners being similarly situated; would be at liberty to avail the remedy under the Act, but in accordance with law.

In view of the above factual situation, the present petition is dismissed with liberty to the petitioners to approach the authorities under the Act, but in accordance with law.

(RAJBIR SEHRAWAT) JUDGE 23.11.2022 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2022.11.24 17:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh