Gulzar Singh And Others vs State Of Punjab And Others
2022 Latest Caselaw 5297 P&H

118.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH

                                 CWP-11386-2022
                                 Date of Decision: 25.05.2022

GULZAR 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.
                                  ----

JAISHREE THAKUR.J (Oral)

Prayer in this writ petition filed under Article 226/227 of the

Constitution of India is for issuance of a writ, order or direction especially a

writ in the nature of Mandamus directing the respondents to release the

amount of CPF contribution made by the petitioners along with interest

accrued thereon, as has been done in the case of similarly situated employees

who approached this Court by way of CWP No.2503 of 2020, decided on

30.01.2020 (Annexure P-4) and CWP No.3169 of 2020, decided on

06.02.2020 (Annexure P-5).

Counsel appearing on behalf of the petitioners would submit that

for the similar relief, the petitioners have made a representation to the

respondent department, but no action was taken thereon. They have even

served a legal notice dated 23.02.2022 (Annexure P-6), followed by a

reminder dated 16.02.2022, to which, there has been no response till date. He

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would submit that the petitioners would be satisfied in case the said legal

notice is decided in a time bound manner.

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 would submit that the respondents will look into the matter and will take

a decision on the legal notice of the petitioners.

Without commenting on merit of the case, the present petition is

disposed of with a direction to the respondents to take a decision on the legal

notice dated 23.02.2022 (Annexure P-6) of the petitioners keeping in view

the judgments passed by this Court in CWP No.2503 of 2020, decided on

30.01.2020 (Annexure P-4) and CWP No.3169 of 2020, decided on

06.02.2020 (Annexure P-5), within a period of two 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)
25.05.2022                                      JUDGE
sanjeev
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




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