Jai Mala vs State Of Haryana And Others
2022 Latest Caselaw 6436 P&H

CWP-14367-2022                                                               -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


118                                     CWP-14367-2022
                                        Date of Decision :08.07.2022

Jai Mala                                                             ..Petitioner


                                  Versus


State of Haryana and others                                       ...Respondents


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Gaurav Tyagi, Advocate for the petitioner.

                             ***
Harsimran Singh Sethi, J. (Oral)

Learned counsel for the petitioner argues that the service

rendered by the petitioner with the respondents, for which, CPF was not

deducted, has not been taken into account by the respondents as qualifying

service for computing pensionary benefits of the petitioner, which is

contrary to the settled principle of law. Learned counsel for the petitioner

argues that the question of law as raised in the present petition, has already

been decided by this Court while passing order in CWP-5897-2003 titled as

Prem Chand Tagla and others vs. State of Haryana and others on

09.01.2019 but, still benefit of said judgment has not been extended to the

petitioner by the respondents on the ground that the petitioner was not party

to the said petition.

Learned counsel for the petitioner submits that the petitioner

has already raised the said grievance before the respondents by way of filing

a representation dated 09.02.2022 (Annexure P/6), which is still pending

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consideration with the respondents and the petitioner will be satisfied in

case a time bound direction be issued to the respondent No.2 to decide the

said representation.

Notice of motion.

Mr. Harish Nain, AAG, Haryana, who is present in the Court,

accepts notice on behalf of respondent-State and raises no objection in

deciding the representation dated 09.02.2022 (Annexure P/6) in a time

bound manner by passing an appropriate speaking order.

In view of the request made, without expressing any opinion on

the merits of the case or the claim being made by the petitioner in her

representation, respondent No.2 is directed to decide the representation

dated 09.02.2022 (Annexure P/6) by passing a speaking order within a

period of eight weeks from the date of receipt of copy of this order. In case

after the decision it is found that petitioner is entitled for any monetary

relief, the same will be extended to her within a period of next four weeks.

Present writ petition stands disposed of.

July 08, 2022                       (HARSIMRAN SINGH SETHI)
aarti                                          JUDGE
            Whether speaking/reasoned : Yes/No
            Whether reportable :        Yes/No




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