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High Court of Punjab and HaryanaCWP/26279/2025disposed of

Suba Ram v. State Of Punjab And Others

2025-09-04Mr. Justice Harpreet Singh Brar2 pages

CWP-26279-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-26279-2025 (O&M) Date of decision: 04.09.2025 Suba Ram ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Ms. Sonia G. Singh Samber, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab.

Mr. Vikrampreet Arora, Advocate for respondent No.4.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to count the prior service of the petitioner on 89 days basis followed by regular service for the purpose of pensionary benefits in view of the settled principal law. Further prayer has been made to direct respondent No.4 to refix the pension of the petitioner after counting the daily wage service along with the regular service and release the retiral benefits thereby as per the Old Pension Scheme along with 18% interest on delayed payment. 2.

Learned counsel for the petitioner submits that he would be satisfied if the legal notice dated 06.05.2025 (Annexure P-6) of the MOHD YAKUB 2025.09.04 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP-26279-2025 petitioner is decided by respondent No.4 by passing a speaking order in a time bound manner.

3.

Learned State counsel as well as learned counsel for respondent No.4, appearing on advance notice, submits that he has no objection, in case a direction is issued to respondent No.4 for time-bound consideration and decision of the legal notice dated 06.05.2025 of the petitioner by passing a speaking order. 4.

Therefore, in view of the limited prayer made by learned counsel for the petitioner, the respondent No.4 is directed to consider the legal notice dated 06.05.2025 (Annexure P-6) of the petitioner and pass a speaking order, in terms of the Full Bench judgment in Kesar Chand vs State of Punjab, 1998(2) PLR 223 and the Division Bench judgment of this Court in CWP No.2371 of 2010, titled as Harbans Lal vs The State of Punjab and others, decided on 31.08.2010, after affording an opportunity of hearing to the petitioner, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondent No.4. 5.

Disposed of, accordingly.

(HARPREET SINGH BRAR) JUDGE 04.09.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.09.04 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh