Om Parkash Alias Omparkash vs State Of Haryana And Others
2022 Latest Caselaw 2289 P&H

CWP No.6502 of 2022                                         -1-

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                          CWP No.6502 of 2022
                          Date of Decision:-30.03.2022

Om Parkash alias Omparkash

                                                     ...Petitioner

                          Versus

State of Haryana and others

                                                     ...Respondents

CORAM:- HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:- Mr. Suresh Kumar Kaushik, Advocate for the petitioner.

HARSIMRAN SINGH SETHI J.(Oral)

Learned counsel for the petitioner argues that in the present

case though the petitioner was in service on the date when the Contributory

Provident Fund Scheme came into existence and the services of the

petitioner were regularized thereafter but keeping in view the judgment of

the Division Bench of this Court in CWP No.2371 of 2010 titled as

Harbans Lal vs. State of Punjab and others, decided on 31.08.2010,

according to which the employees, who were in service as on 01.01.2004,

but their services were regularized after the said date, are entitled for the

pensionary benefits as per old pension scheme. Learned counsel for the

petitioner submits that despite the eligibility of the petitioner, the benefit of

the same has not been given to the petitioner, which causes prejudice to

him. Learned counsel further submits that the petitioner has already raised

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the said grievance vide representation dated 11.01.2022 (Annexure P-5)

before the respondents and the petitioner will be satisfied at this stage in

case a time bound direction is given to respondent No.3 to decide the said

representation by passing appropriate speaking order.

Notice of motion.

Mr. Raman Kumar Sharma, Addl. A.G., Haryana accepts notice

on behalf of respondents and raises no objection in deciding the

representation dated 11.01.2022 (Annexure P-5) in a time bound manner.

Without going into the merits of the case or the claim being

made by the petitioner in the present petition or in the representation, the

respondent No.2 is directed to decide the representation dated 11.01.2022

(Annexure P-5) within a period of eight weeks from the date of receipt of

certified copy of this order. In case, after the decision, the petitioner is

found entitled for any benefits, the same be also extended to him within a

period of next four weeks.

March 30, 2022                            ( HARSIMRAN SINGH SETHI)
Vijay Asija                                       JUDGE


Whether speaking/reasoned                  Yes / No
Whether Reportable                         Yes / No




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