Sukhdev Raj And Others vs State Of Punjab And Others
2022 Latest Caselaw 16648 P&H

126.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH

                                CWP-28662-2022
                                Date of Decision: 13.12.2022

SUKHDEV RAJ AND OTHERS                                    .... Petitioners


                                Versus


STATE OF PUNJAB AND OTHERS                                .... Respondents


CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-   Mr. Jasbir Singh Mohri, Advocate,
            for the petitioners.
                                 ----

JAISHREE THAKUR.J (Oral)

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

Constitution of India for issuance of appropriate writ, order or direction

especially a writ in the nature of mandamus directing the respondents to

count the daily wage as Special Police Officer (SPO) service of the

petitioners, rendered before their respective regularization as qualifying

service for the purpose of pensionary/retiral benefits, as the same benefit has

been granted by this Court in view of judgment passed in CWP No.2371 of

2010, titled as Harbans Lal Versus State of Punjab and others, decided on

31.08.2010 (Annexure P-4) to similarly situated persons 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-7) and CWP No.7127 of 2019, titled as

Jarnail Singh and others Versus State of Punjab and others, decided on

01.04.2019 (Annexure P-8).

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Counsel appearing on behalf of the petitioners would contend

that in this regard, a legal notice dated 26.05.2022 (Annexure P-11) has

already been served by the petitioners upon the respondents, but till date, no

decision has been taken thereon. Counsel 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.

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 the 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 legal notice dated

26.05.2022 (Annexure P-11) 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
13.12.2022
sanjeev
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




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