Adarsh Jit Pal And ORS v. State Of Punjab And ORS

CWP No.30166 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.30166 of 2024 (O&M) Date of decision: 07.11.2024 Adarsh Jit Pal and others ....Petitioners

Versus

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

Present:

Mr. P.K. Goklaney, 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 certiorari, quashing the Letter/Communication/Circular No.3/23/09-3FPPC/885 dated 17.08.2009 to the extent of 'Note' mentioned in the Circular letter dated 17.08.2009 (Annexure P-2) whereby the additional quantum of pension/family pension on attaining the age of 65 years. Further a writ of mandamus has been sought for directing the respondents - Department to release the additional quantum of pension/family pension to the petitioners from the day when they have entered at the age of 65 and so on, along with interest @ 9% per annum from the date it became due till its realization and to decide the legal notice dated 14.02.2024 (Annexure P-6) and legal notice dated 11.03.2024 (P-7).

2.

Learned counsel for the petitioners submits that for claiming the aforesaid relief, the petitioners have submitted legal notices MOHD YAKUB 2024.11.07 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.30166 of 2024 (O&M) dated 14.02.2024 (Annexure P-6) and dated 11.03.2024 (P-7) and at this stage, the petitioners would be satisfied, if the said legal notices are decided by passing a speaking order within a time bound frame. 3.

Notice of motion.

4.

Mr. Surya Kumar, AAG, Punjab, accepts notice on behalf of respondents No.1 to 3. On the asking of the Court Mr. Vipul Jindal, Advocate, who is on the panel of Department of Local Government, Punjab, has accepted notice on behalf of respondents No.4 to 14 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 respondent No.3 to consider and decide the legal notices dated 14.02.2024 (Annexure P-6) and dated 11.03.2024 (P-7), 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 07.11.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.11.07 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh