Punjab-Haryana High Court
Mahabir Parshad And Others vs State Of Punjab And Others on 15 March, 2024
Neutral Citation No:=2024:PHHC:037360
CWP No.6117 of 2024 (O&M) 1
2024:PHHC:037360
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.6117 of 2024 (O&M)
Date of decision: 15.03.2024
Mahabir Parshad and others
....Petitioners
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Mange Ram Sharma, 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 mandamus, directing the respondents to count the entire daily wage services of the petitioners rendered before regularization, in pursuance to the Division Bench judgment of this Court in "Harbans Lal Vs. State of Punjab and others", 2012(3) SCT 362.
2. Learned counsel for the petitioners, at the very outset, confines his prayer for deciding representation dated 30.01.2024 (Annexure P-7). He submits that at this stage, petitioners would be satisfied, if the said representation 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 respondents No.1 and 2. On the asking of the Court Mr. Shobhit Phutela, Advocate, who is on the panel of Local Government 1 of 2 ::: Downloaded on - 19-03-2024 01:27:00 ::: Neutral Citation No:=2024:PHHC:037360 CWP No.6117 of 2024 (O&M) 2 2024:PHHC:037360 Department, Punjab, has accepted notice on behalf of respondent No.3 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 expressing any opinion on the merits of the case or the claim being made by the petitioners in the present petition, respondent No.2, is directed to consider and decide the claim made in the representation dated 30.01.2024 (Annexure P-7) in accordance with law, by passing a speaking order within a period of 03 months from the date of receipt of certified copy of this order. In case, the petitioners are found entitled, their claim be released within a period of 04 weeks thereafter. In case, the respondents are of the opinion that the claim of the petitioners merit rejection the same be adjudicated upon by passing a speaking order after giving an opportunity of personal hearing to the petitioners within the time as stipulated hereinabove.
7. The petition stands disposed of.
(NAMIT KUMAR)
JUDGE
15.03.2024
yakub
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:037360 2 of 2 ::: Downloaded on - 19-03-2024 01:27:00 :::