Swaran Masih And Ors vs State Of Punjab And Others
2022 Latest Caselaw 15618 P&H

131.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH

                                CWP-27642-2022
                                Date of Decision: 02.12.2022

SWARAN MASIH AND ORS                                      .... Petitioners


                                Versus


STATE OF PUNJAB AND OTHERS                                .... Respondents


CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-   Mr. Baljeet Singh Sidhu, Advocate, for the petitioners.
                              ----

JAISHREE THAKUR.J (Oral)

This is a petition that has been filed under Articles 226/227 of

the Constitution of India for issuance of an appropriate writ, order or

direction including a writ in the nature of Mandamus directing the

respondents to count the service rendered by the petitioners on the post of

SPO as qualifying service for the purpose of pensionary/retiral benefits, as

the same benefit has already been granted vide judgment dated 15.02.2018

passed in CWP No.9936 of 2017, titled as Sukhjeet Singh and others Versus

State of Punjab and others, decided on 15.02.2018 (Annexure P-5).

Counsel appearing on behalf of the petitioners would submit

that in this regard, the petitioners have already served a legal notice dated

23.11.2021 (Annexure P-7) upon respondent No.2, but till date, no decision

has been taken thereon. He would submit that at this stage, the petitioners

would be satisfied in case their legal notice is decided in a time bound

manner, in accordance with law.

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Notice of motion.

On the asking of the Court, Ms. Deepali Puri, Additional

Advocate General, Punjab, accepts notice on behalf of the respondents.

Let sufficient number of copies of complete paper book be

supplied to her during the course of day.

Without commenting on merits of the case and keeping in view

the limited prayer made by counsel for the petitioners, the present petition is

disposed of with a direction to respondent No.2 to decide legal notice dated

23.11.2021 (Annexure P-7) of the petitioners within a period of six months

from the date of receipt of certified copy of this order, in accordance with

law and convey the decision to the petitioners. In case of failure to do so, the

officer responsible for the lapse would be liable to costs of Rs.20,000/- from

his personal pocket, to be deposited with the Punjab and Haryana High Court

Advocates Welfare Fund.

                                               (JAISHREE THAKUR)
                                                     JUDGE
02.12.2022
sanjeev
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




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