Chain Singh And Others vs State Of Punjab And Others
2022 Latest Caselaw 16470 P&H

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
109 CWP No.24718 of 2022
Date of decision: 12.12.2022

Chain Singh and others

....Petitioners

V/s

State of Punjab and others

.... Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present: Mr. Nitesh Singla, Advocate for the petitioners.

VIKAS SURI, J. (Oral)

At the very outset, learned counsel for the petitioners submits that he restricts his prayer to a time bound decision on the legal notice dated 19.07.2022 (Annexure P-3) served upon respondents, whereby the claim was first raised upon the said respondents, relief regarding which has been sought in the present petition.

It is submitted that all the petitioners retired after 01.01.2016 and in view of implementation of the recommendations of the 6" Pay Commission and the Punjab Civil Services (Revised Pay) Rules, 2021, petitioners are entitled to the revised benefits, including the balance gratuity on account of upward revision of maximum limit of death-cum-retirement gratuity. Further prayer of the petitioner is that as payment of revised pensionary benefits has been delayed and in view of the dictum of Full Bench judgment of this Court in A.S. Randhawa vs. State of Punjab and others, 1997(3) SCT 468 (FB), they are entitled to interest on the said amount from the date it became due till its realization.

Punjab & Haryana High Co:

Chandigarh

CWP-24718-2022 2

It is reiterated that for the relief sought in the present petition, the petitioners have already submitted their representation by way of legal notice dated 19.07.2022 (Annexure P-3), which is still pending consideration with the respondents and the petitioners would be satisfied, at this stage, in case time bound direction is issued to the respondents to decide the same, by passing a speaking order.

Keeping in view the restricted prayer and the facts and circumstances of this case but without expressing any opinion or going into the merits of the case or the claim being made by the petitioners in the present petition or in the representation, respondent Nos.4 and 5/respective Competent Authority is directed to consider and decide the claim made in the legal notice dated 19.07.2022 (Annexure P-3) as well as the claim for interest on delayed payment of arrears, in accordance with law, by passing a speaking order within a period of eight weeks from the date of receipt of certified copy of this order.

Needless to observe that in case, after the decision, petitioners are found entitled for any benefits, the same be paid to them within a period of four weeks thereafter, as per law.

The petition stands disposed of in the aforesaid terms.

(VIKAS SURI) JUDGE December 12, 2022 Kapil Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

KAPIL

2022.12.16 12:31

I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh