Madan Lal v. State Of Punjab And Others

CWP No.31622 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.31622 of 2024 (O&M) Date of decision: 25.11.2024 Madan Lal and others ....Petitioners

Versus

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

Present:

Mr. Nitesh Singla, Advocate for the petitioners. NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioners under Article 226 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to revise and re-fix the pension of the petitioners especially in view of the circumstances as enumerated in the writ petition the revised pension and pensionary benefits be given by taking into account the multiplier of 2.59 on the basic pay w.e.f. 01.01.2016 along with all consequential benefits of the pension/family pension including the arrears of pension w.e.f. 01.01.2016 along with interest @ 18% per annum and also to hold the action of the respondents to be illegal despite the notification dated 17.11.2021 (Annexure P-2).

Further prayer has been made to direct the respondents to rectify and remove the anomaly in the revision of pension of the petitioners as mandated in para 5.1 of the Circular Letter dated 29.10.2021 (Annexure P-4), by taking into account the multiplier of 2.59 factor. Another prayer has been made to direct the respondent - Department be directed to release the arrears of revised pay/pension in MOHD YAKUB 2024.11.

CWP No.31622 of 2024 (O&M) view of implementation of 6th Pay Commission w.e.f. 01.01.2016 along with 9% interest on delayed payments.

2.

Learned counsel for the petitioners submits that for claiming the aforesaid relief, the petitioners have submitted a legal notice dated 22.07.2024 (Annexure P-11) and at this stage, the petitioners would be satisfied, if the said legal notice is decided by passing a speaking order within a time bound frame. 3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondent No.1 and Ms. Vandana Kohli, Advocate, accepts notice on behalf of respondents No.2 and 3 (through V.C.) 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.2 to consider and decide the legal notice dated 22.07.2024 (Annexure P-11), submitted by the petitioners expeditiously, by passing a speaking order, preferably within a period of three months from the date of receipt of certified copy of this order.

(NAMIT KUMAR) JUDGE 25.11.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.11.25 18:12 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh