High Court of Punjab and HaryanaCWP/37133/2019disposed of

Rattan Lal v. State Of Punjab And Others

2019-12-19Mr. Justice Harsimran Singh Sethi2 pages

CWP-37133-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-37133-2019 Date of decision: - 19.12.2019 Rattan Lal ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. R.K. Arora, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) Learned counsel for the petitioner argues that the service, which the petitioner had rendered with the Department of Industries and Punjab State Handloom and Textiles Development Corporation from 23.05.1983 to 30.09.1993, has not been taken into account as a qualifying service for computing the pensionary benefits and the said action of the respondents is contrary to the law laid down by this Court in CWP No.9251 of 2002 titled as 'Subhash Chander Chadha Vs. State of Punjab and others', decided on 15.09.2005, which judgment has already been upheld by the Division Bench of this Court and has attained finality. Learned counsel for the petitioner states that even the instructions have been issued by the State of Punjab on 18.04.2016 (Annexure P-18) for taking into consideration the service rendered in the NARESH KUMAR 2019.12.20 15:06 I attest to the accuracy and integrity of this document Chandigarh

CWP-37133-2019 -2Corporations as a qualifying service for computing the pensionary benefits.

Counsel for the petitioner states that for the relief, which is being claimed by the petitioner in the present writ petition, petitioner has served the respondents with a legal notice dated 30.10.2019 (Annexure P-19), 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 respondent No.2 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, respondent No.2 is directed to decide the legal notice dated 30.10.2019 (Annexure P-19) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

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

Yes Whether reportable?

No NARESH KUMAR 2019.12.20 15:06 I attest to the accuracy and integrity of this document Chandigarh