Jaswinder Kaur vs State Of Punjab And Others

Punjab-Haryana High Court

Jaswinder Kaur vs State Of Punjab And Others on 6 May, 2024

                                     Neutral Citation No:=2024:PHHC:062125




CWP-10201 of 2024                        1                     2024:PHHC:062125

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

123                                      CWP-10201 of 2024
                                         Date of Decision:06.05.2024
Jaswinder Kaur

                                                                    ....Petitioner
                                     Versus

State of Punjab and others

                                                                .....Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
             ****

Present:     Mr. Krishan Kumar Thakur, Advocate,
             for the petitioner.

             ****

AMAN CHAUDHARY J. (Oral)

1. The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directintg the respondents to count the service rendered by the petitioner w.e.f. 01.10.1990 till the regularization of her services.

2. Learned counsel for the petitioner submits that the services rendered on part time basis as a Sweeper from 01.10.1990 till regularization i.e. 09.11.2012 not being counted as qualifying service for benefit of old pension scheme. He further submits that the case of the petitioner is squarely covered by the judgment passed in CWP-2371 of 2010, titled Harbans Lal vs. State of Punjab and others, decided on 31.08.2010. He, on instructions, submits that the petitioner would be satisfied if a direction is given to the 1 of 2 ::: Downloaded on - 08-05-2024 03:45:59 ::: Neutral Citation No:=2024:PHHC:062125 CWP-10201 of 2024 2 2024:PHHC:062125 respondents to decide the legal notice dated 08.02.2024, Annexure P-6, in a time bound manner.

3. Notice of motion.

4. Mr. Amarpreet Singh Bains, AAG, Punjab accepts notice on behalf of the respondents-State and has no objection to the limited prayer.

5. In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to decide the legal notice dated 08.02.2024, Annexure P-6 keeping in view the judgment referred to, within a period of six months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to him, and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to his interest, the same shall contain reasons and the petitioner shall be free to seek legal redress.

                                               (AMAN CHAUDHARY)
                                                    JUDGE
May 06, 2024
dinesh
                    Whether speaking                 :         Yes/No
                    Whether reportable               :         Yes/No




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