Ranjit Kumar And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 19.10.2024 Ranjit Kumar and others ....Petitioners

Versus

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

Present:

Mr. Mukesh Arora, Advocate for the petitioners.

NAMIT KUMAR J. (Oral) 1.

The present petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of writ in the nature of mandamus directing the respondents to release the payment of arrears of revised pay/pension to the petitioners/retirees of Punjab State Power Transmission Corporation Limited from 01.01.2016 to 30.06.2021 on the basis of implementation of Sixth Punjab Pay Commission Report implemented by the Department of Finance, Government of Punjab and adopted by the respondent authorities i.e. authorities belonging to Punjab State Power Corporation Limited along with interest @ 18% per annum. Further prayer has been made to direct the respondents to revise and re-fix the pension of the petitioners by taking into account 125% DA instead of 113% DA and thereafter grant 15% increase in pension w.e.f.

01.01.2016 along with all consequential benefits of

pension/family pension as on 31.12.2015 along with arrears from 01.01.2016 to 30.06.2021 along with interest @ 18% per annum. 2.

Learned counsel for the petitioners submits that the petitioners retired from service on attaining the age of superannuation prior to 01.01.2016. However, their arrears of revised pay/pension and other retiral benefits w.e.f. 01.01.2016 to 30.06.2021 based on the recommendations of the Sixth Punjab Pay Commission have not been paid. Learned counsel submits that at this stage, petitioners would be satisfied, if the legal notice dated 16.08.2024 (Annexure P-5) is considered and decided by passing a speaking order in a time-bound frame.

3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 and 2 and Ms. Monika Jalota, Advocate, has accepted notice on behalf of respondents No.3 to 7 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 expressing any opinion on the merits of the case or the claim being made by the petitioners in the present petition, respondent No.1 is directed to consider and decide the claim made by the petitioners in legal notice dated 16.08.2024 (Annexure P-5) in accordance with law, by passing a speaking order within a period of

three months from the date of receipt of certified copy of this order. In case, the petitioners are found entitled, necessary benefits be released within a period of three weeks thereafter.

7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 19.10.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No