Citation : 2022 Latest Caselaw 6674 P&H
Judgement Date : 12 July, 2022
125.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP-14622-2022
Date of Decision: 12.07.2022
NIRMAL 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.
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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 an appropriate writ, order or
direction especially in the nature of Mandamus directing the respondents to
count the service rendered by the petitioners as Special Police Officers
(SPOs) before their regularization and to grant them all consequential
benefits including of seniority, fixation of pay, and further to count the SPO
service as qualifying service for the purpose of pensionary benefits.
At the very outset, counsel appearing on behalf of the petitioners
restricts his prayer for deciding the representation/legal notice dated
13.04.2022 (Annexure P-12) keeping in view the judgment passed in CWP
No.9936 of 2017, dated 15.02.2018 (Annexure P-6) and judgment dated
01.04.2019 (Annexure P-7) passed in CWP No.7127 of 2019. He would
submit that the petitioners would be satisfied in case the said
representation/legal notice is decided in a time bound manner.
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Notice of motion.
At this stage, Ms. Deepali Puri, Additional Advocate General,
Punjab, who is present in Court, accepts notice on behalf of the respondents
and submits that the respondents will look into the matter and will take a
decision on the representation/legal notice of the petitioners.
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, the present petition
is disposed of with a direction to the respondents to decide representation/
legal notice dated 13.04.2022 (Annexure P-12) of the petitioners keeping in
view the judgment passed in CWP No.9936 of 2017, dated 15.02.2018
(Annexure P-6) and judgment dated 01.04.2019 (Annexure P-7) passed in
CWP No.7127 of 2019, within a period of six months from the date of
receipt of the 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.
12.07.2022 (JAISHREE THAKUR)
sanjeev JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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