Avtar Singh And Others vs State Of Punjab And Others
2022 Latest Caselaw 15620 P&H

122.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH

                                CWP-27598-2022
                                Date of Decision: 02.12.2022

AVTAR SINGH AND OTHERS                                    .... Petitioners


                                Versus


STATE OF PUNJAB AND OTHERS                                .... Respondents


CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-   Mr. Nitesh Singla, 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 especially a writ in the nature of mandamus directing respondents

to release the amount of CPF contribution made by the petitioners along with

interest @ 8.1% per annum, in view of judgment dated 30.03.2022 passed by

this Court in CWP No.35361 of 2019, Constable Bikramjit Singh and others

Versus State of Punjab and others (Annexure P-7) and in view of letter dated

14.10.2022 (Annexure P-9) vide which direction had already been issued by

the department to grant the same to the similar situated employees.

Counsel appearing on behalf of the petitioners would contend

that in this regard, the petitioners have filed a representation/legal notice

dated 08.09.2022 (Annexure P-10) before the respondents, but till date, no

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

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petitioners would be satisfied in case their representation/legal notice is

decided, in accordance with law, in a time bound manner.

Notice of motion.

Ms. Deepali Puri, Additional Advocate General, Punjab, who is

present in Court, 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 the respondents to decide representation/legal

notice dated 08.09.2022 (Annexure P-10) 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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