131.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP-27642-2022
Date of Decision: 02.12.2022
SWARAN MASIH AND ORS .... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Baljeet Singh Sidhu, Advocate, for the petitioners.
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JAISHREE THAKUR.J (Oral) This is a petition that has been filed under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction including a writ in the nature of Mandamus directing the respondents to count the service rendered by the petitioners on the post of SPO as qualifying service for the purpose of pensionary/retiral benefits, as the same benefit has already been granted vide judgment dated 15.02.2018 passed in CWP No.9936 of 2017, titled as Sukhjeet Singh and others Versus State of Punjab and others, decided on 15.02.2018 (Annexure P-5).
Counsel appearing on behalf of the petitioners would submit that in this regard, the petitioners have already served a legal notice dated 23.11.2021 (Annexure P-7) upon respondent No.2, but till date, no decision has been taken thereon. He would submit that at this stage, the petitioners would be satisfied in case their legal notice is decided in a time bound manner, in accordance with law.
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On the asking of the Court, Ms. Deepali Puri, Additional Advocate General, Punjab, accepts notice on behalf of the respondents.
Let sufficient number of copies of complete paper book be supplied to her during the course of day.
Without commenting on merits of the case and keeping in view the limited prayer made by counsel for the petitioners, the present petition is disposed of with a direction to respondent No.2 to decide legal notice dated 23.11.2021 (Annexure P-7) of the petitioners within a period of six months from the date of receipt of certified copy of this order, in accordance with law and convey the decision to the petitioners. In case of failure to do so, the officer responsible for the lapse would be liable to costs of Rs.20,000/- from his personal pocket, to be deposited with the Punjab and Haryana High Court Advocates Welfare Fund.
(JAISHREE THAKUR)
JUDGE
02.12.2022
sanjeev
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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