Joginder Pal And Others vs State Of Punjab And Others
2022 Latest Caselaw 14401 P&H

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

                                 CWP-25900-2022
                                 Date of Decision: 15.11.2022

JOGINDER PAL 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)

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 as qualifying service for the purpose of

pensionary benefits, as the same benefit has been granted by this Court in

judgment dated 15.02.2018 (Annexure P-5) passed in CWP No.9936 of

2017, titled as Sukhjeet Singh and others Versus State of Punjab and others

and in view of speaking order dated 30.09.2020 (Annexure P-7), vide which

the aforesaid benefit has already been extended to similarly situated

employees.

Learned counsel for the petitioners would submit that for their

grievance, the petitioners have already served a representation/legal notice

dated 23.08.2022 (Annexure P-8) upon the official respondents, but till date

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no decision has been taken thereon. He would submit that at this stage, the

petitioners would be satisfied in case said representation/legal notice is

decided, in accordance with law, in a time bound manner.

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 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 representation/legal

notice dated 23.08.2022 (Annexure P-8) of the petitioners within a period of

four 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 15.11.2022 sanjeev Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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