Malkit Singh And Others vs State Of Punjab And Others
2022 Latest Caselaw 14818 P&H

114.
          IN THE HIGH COURT OF PUNJAB & HARYANA AT
                           CHANDIGARH

                                  CM-18331-CWP-2022 IN/AND
                                  CWP-14779-2022
                                  Date of Decision: 21.11.2022

MALKIT SINGH AND OTHERS                                     .... Petitioners

                                  Versus

STATE OF PUNJAB AND OTHERS                                  .... Respondents


CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-     Mr. Jasbir Singh Mohri, Advocate,
              for the petitioners.
                                   ----

JAISHREE THAKUR.J (Oral)

CM-18331-CWP-2022

Prayer in this application is for preponement of the main case

which is listed for hearing on 10.01.2023.

For the reasons mentioned in the application, same is allowed.

Hearing of the main case is preponed and the same is taken on board today

itself.

CWP-14779-2022

This is a petition that has been filed under Article 226/227 of the

Constitution of India for issuance of a writ in the nature of mandamus

directing the respondents State to refund the share of petitioners contributed

by them towards New Defined Contributory Pension Scheme alongwith

interest @ 8.1% per annum as per the mandate of judgment dated 30.03.2022

passed by this Court in CWP No.35361 of 2019, Constable Bikramjit Singh

and others Versus State of Punjab and others (Annexure P-11).

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CWP-14779-2022 (O&M)

Counsel appearing on behalf of the petitioners would contend

that in this regard, the petitioners have filed a representation dated

18.04.2022 (Annexure P-12) before the respondents, but till date, no decision

has been taken thereon. He would submit that at this stage, the petitioners

would be satisfied in case their representation is decided, in accordance with

law, in a time bound manner.

Notice of motion.

Ms. Deepali Puri, Additional Advocate General, Punjab, who is

present in Court, 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 dated

18.04.2022 (Annexure P-12) of the petitioners within a period of six 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 21.11.2022 sanjeev Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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