Punjab-Haryana High Court
Shamsher Singh vs State Of Haryana And Ors on 21 October, 2024
Neutral Citation No:=2024:PHHC:137121
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
207 CWP-8462
8462-2018 (O&M)
Date of decision: 21.10.2024
Shamsher Singh ..Petitioner
Versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Utkarsh Sheoran, Advocate for
Mr. Satya Vir Singh Yadav, Advocate for the petitioner.
Mr. Tapan Kumar, DAG, Haryana.
Mr. Harneet Singh Oberoi, Advocate for respondent
respondent-CAG.
***
AMAN CHAUDHARY, J. (Oral)
1. Prayer made in the present petition is for quashing the action/letter dated 27.02.2018 (Annexure P4) by which claim of the petitioner pertaining to revision on of pension had been declined.
declined
2. After issuing notice of motion vide order dated 18.07.2022 the matter was adjourned sine die to await the decision of the Full Bench in CWP-
CWP 17310-2015 titled as Shamsher Singh and others vs. State of Haryana and others,, which was decided vide judgment dated 19.07.2024 19.07.2024, relevant para thereof to which learned counsel counse makes reference reads thus:
thus:-
"41.
41. Consequently, Rule 8(3) of Part Part-II II Rules, 2009 is held to be violative of Articles 14 and 16 of the Constitution of India and is accordingly stuck down. All the employees who were in service as on 01.01.2006, will be entitled itled for the benefit of Part Part-II II Rules, 2009 notified on 17.04.2009 irrespective of the fact whether they retired before the Notification dated 17.04.2009 or thereafter."
thereafter
3. Learned counsel submits that the petitioner would be satisfied in case the matter be considered in terms of the aforesaid aforesaid.
4. Learned State counsel has no objection to having a relook at the matter.
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5. In wake of the above, without commenting on merits of the case, the present petition is disposed of and the claim be decided afresh keeping in view the above judgment, within a period of 3 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 the petitioner 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 thereupon.
21.10.2024 ( AMAN CHAUDHARY )
ashok JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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