Punjab-Haryana High Court
Harbans Lal And Others vs State Of Punjab And Others on 8 December, 2022
131.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP-28296-2022
Date of Decision: 08.12.2022
HARBANS LAL AND OTHERS .... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Mukesh Kumar Bhatnagar, Advocate, for the petitioners.
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JAISHREE THAKUR.J (Oral)
This is a petition that has been filed under Articles 226/227 of
the Constitution of India for issuance of a writ in the nature of mandamus
directing the respondents to grant the benefit of military service rendered by
the petitioners during the period from 03.12.1971 to 25.03.1977 and to refix
their pay for the purpose of revision of pension and also to release arrears
along with interest @ 12% per annum.
Counsel appearing on behalf of the petitioners would submit
that in this regard, the petitioners have already served a representation dated
10.02.2021, but when no reply was received, a legal notice dated 04.10.2021,
was also served, but that too was not responded. Counsel would submit that
at this stage, the petitioners would be satisfied in case his legal notice dated
04.10.2021 (Annexure P-4) is decided in accordance with law, in a time
bound manner. It is also submitted that similar benefit has already been
granted by this Court in judgments passed in CWP No.4318 of 2015, Piara
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Singh and others Versus State of Punjab and others, decided on 25.03.2015
(Annexure P-8) and in CWP No.17661 of 2013, Rajinder Singh Versus
State of Punjab and others, decided on 13.11.2014 (Annexure P-9)
Notice of motion.
Mr. Mohit Kapoor, Additional Advocate General, Punjab, who
is present in the Court, accepts notice on behalf of respondents.
Let sufficient number of copies of complete paper book be
supplied to him 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 legal notice dated
04.10.2021 (Annexure P-4) of the petitioners keeping in view the judgments
rendered by this Court vide Annexures P-8 and P-9, within a period of three
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.
However, the authorities concerned are at liberty to verify the
eligibility of each petitioner and then pass appropriate orders in conformity
with the decisions cited above.
(JAISHREE THAKUR)
JUDGE
08.12.2022
sanjeev
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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