(State Of Punjab And Ors vs Unknown
2021 Latest Caselaw 4019 Ori

                               W.P.(C) No. 10722 of 2021




02.   23.03.2021         The matter is taken up through video conferencing.
                         Heard Mr. H.K. Rout, learned counsel for the petitioner
                   and learned Standing Counsel for School & Mass Education
                   Department.
                         The petitioner has filed this writ petition seeking
                   direction to the opposite parties to grant pension and
                   pensionary benefits under old pension scheme rules 1992
                   taking into consideration his initial date of appointment and
                   treating her entire period of contractual service along with
                   regular service as qualifying service for pensionary benefits
                   and thereby allow the petitioner to avail the benefits of GPF 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 the decisions held by the Punjab and Haryana High
                   Court in Harbans Lal v. The State of Punjab and Ors.,
                   (CWP No. 2371 of 2010 decided on 31.08.2010), which has
                   been upheld by the Hon'ble apex Court in SLP(C) No.23578 of
                   2012 [SLP(C) CC No.17901 of 2011] disposed of on 30.07.2012
                   (State of Punjab and Ors. Vs. Harbans Lal), and also in the
                   case of Jeewan Lata v. State of Punjab and others (CWP
                   No. 10238 of 2017 (O&M) decided on 10.05.2019) with all
                   consequential benefits.
                         In course of hearing, learned counsel for the petitioner
                   states that the petitioner may be granted liberty to file a fresh
                   representation before the authority highlighting his grievance,
                   which may be considered in accordance with law within a
                   stipulated period.
                 Considering the limited grievance of the petitioner,
        this Court, without expressing any opinion on the merits of
        the case, disposes of the writ petition granting liberty to the
        petitioner to file a fresh representation before the authority
        concerned highlighting her grievance within a period of two
        weeks. If such representation is filed within the time
        stipulated, the authority shall consider the same and pass
        appropriate   order   in   accordance   with   law   taking   into
        consideration the aforementioned judgments within a period
        of three months thereafter.
                Issue urgent certified copy as per rules.




Ashok
                                          ....................................

(DR. B.R. SARANGI, J)