WP(C)/36843/2020
2021 Latest Caselaw 35 Ori

                         W.P.(C) No.36843 of 2020




02.   04.01.2021                The    matter    is   taken   up   through     Video
                   Conferencing mode.
                                Heard learned counsel for the parties.
                                The writ petition is filed with the following
                   prayer:
                         "Direct the opp. parties to grant pension and
                         pensionary benefits under the old pension scheme OCS
                         (Pension) Rules, 1992 taking into consideration his
                         initial date of appointment 1.10.1983 and treating his
                         entire period of service along with regular service as
                         qualifying service for pensionary benefits and thereby
                         allow the petitioner to avail the benefits of GPF under
                         the old Rules instead of NPS in the light of the
                         judgment of the Hon'ble Supreme Court in Civil Appeal
                         No.6798 of 2019; Prem Singh Vrs. State of U.P. and
                         decision held by the Punjab and Haryana High Court in
                         Harbans Lal Vrs. The State of Punjab and others (CWP
                         No.2371 of 2010, decided on 31.08.2010) which has
                         been affirmed in SLP(c) No.23578 of 2012 (SLP(C)..CC
                         No.17901 of 2011) disposed of on 30.7.2012 and
                         Jeewan Lata Vrs. State of Punjab and others, CWP
                         No.10238 of 2017 (O&M) decided on 10.05.2019 with
                         all consequential benefits;"

                                Looking to the limited request involved herein
                   and taking into consideration the decision vide Annexure-6,
                   views involved therein is stated to have been confirmed by
                   the Hon'ble Supreme Court. This Court in disposal of the Writ
                   Petition directs the opposite parties to take decision on the
                   issue involved herein by treating the writ petition as
                   representation at the instance of the petitioner, considering
                   the grounds and further taking into account the applicability
                   of the decisions referred to therein at page-23 to 43. The
                   entire exercise shall be completed as expeditiously as
                   possible, preferable within a period of two months from the
                   date of communication of a copy of this order, copy of the
                   writ petition so also the decisions relied on by the petitioner.
                                As restrictions are continuing due to COVID-19,
uks
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petitioner may utilize the soft copy of this order available in
the High Court's website or print out thereof at par with
certified copies in the manner prescribed, vide Court's Notice
No.4587, dated 25.03.2020.


                                       ..................................
                                       Biswanath Rath, J.