High Court of Punjab and HaryanaCWP/37196/2019disposed of

Joginder Singh And Others v. Pepsu Road Transport Corporation

2019-12-20Mr. Justice Harsimran Singh Sethi2 pages

CWP-37196-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-37196-2019 Date of decision: - 20.12.2019 Joginder Singh and others ....Petitioners

Versus

Pepsu Road Transport Corporation .....Respondent CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Vikas Chatrath, Advocate for the petitioners.

*** HARSIMRAN SINGH SETHI , J. (ORAL) The claim of the petitioners in the present writ petition is that they have not been granted the benefit of total length of service while computing their pensionary benefits and only the period for which the CPF was deducted by the respondents, had been taken into account which is against the settled principle of law.

Counsel for the petitioners argues that the said question of law, as raised in the present writ petition, already stands answered by this Court more than once and latest in CWP No.24543 of 2016 titled as 'Gurdial Singh and others Vs. Pepsu Road Transport Corporation and others', decided on 27.11.2018, wherein the benefit, as being sought in the present writ petition, has already been extended to the similarly situated employees.

NARESH KUMAR 2019.12.20 16:20 I attest to the accuracy and integrity of this document Chandigarh

CWP-37196-2019 -2Counsel for the petitioners states that a direction be issued to the respondents to grant the same benefit, as extended to the petitioners in above-said CWP No.24543 of 2016.

Counsel for the petitioners states that for the relief which has been sought in the present writ petition, petitioners have served the respondents with a legal notice dated 11.10.2019 (Annexure P-3), which is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to the respondents 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 petitioners, the respondents are directed to decide the legal notice dated 11.10.2019 (Annexure P-3) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 20, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.12.20 16:20 I attest to the accuracy and integrity of this document Chandigarh