Citation : 2022 Latest Caselaw 14927 P&H
Judgement Date : 22 November, 2022
130.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP-26723-2022
Date of Decision: 22.11.2022
SATNAM SINGH .... Petitioner
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Jasvir Singh Dhaliwal, Advocate,
for the petitioner.
----
JAISHREE THAKUR.J (Oral)
This is a petition that has been filed under Article 226/227 of the
Constitution of India for issuance of appropriate writ, order or direction
especially a writ in the nature of mandamus directing the respondents to
count the service rendered by the petitioner on the post of Special Police
Officer (SPO) as qualifying service for the purpose of pensionary/retiral
benefits, as the same benefit has been granted by this Court in view of
judgment passed in CWP No.2371 of 2010, titled as Harbans Lal Versus
State of Punjab and others, decided on 31.08.2010 to similarly situated
persons in CWP No.9936 of 2017 titled as Sukhjeet Singh and others Versus
State of Punjab and others, decided on 15.02.2018 (Annexure P-6) and CWP
No.7127 of 2019, titled as Jarnail Singh and others Versus State of Punjab
and others, decided on 01.04.2019 (Annexure P-7).
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Learned counsel appearing on behalf of the petitioner would
submit that in this regard, the petitioner has already served a legal notice
dated 04.02.2022 (Annexure P-12) upon the respondents, but till date, no
decision has been taken thereon. Counsel would submit that at this stage, the
petitioner would be satisfied in case his legal notice is decided in a time
bound manner, in accordance with law.
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 petitioner, the present petition is
disposed of with a direction to the respondents to decide legal notice dated
04.02.2022 (Annexure P-12) of the petitioner within a period of three months
from the date of receipt of certified copy of this order, in accordance with
law and convey the decision to the petitioner. 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
22.11.2022
sanjeev
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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