Rajinder Kumar And Others vs State Of Punjab And Others
2022 Latest Caselaw 15252 P&H

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

                                CWP-27108-2022
                                Date of Decision: 29.11.2022

RAJINDER KUMAR AND OTHERS                                 .... Petitioners


                                Versus


STATE OF PUNJAB AND OTHERS                                .... Respondents


CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-   Mr. Baljeet Singh Sidhu, 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, including a writ in the nature of Mandamus directing the

respondents to release full amount deposited by the petitioners towards

Contributory Provident Fund along with 8.1% interest accrued thereon, as

the same benefit has been granted by this Court to the similarly situated

persons vide judgment dated 30.03.2022 passed in CWP No.35361 of 2019

titled as Constable Bikramjit Singh and others Versus State of Punjab and

others (Annexure P-5).

Counsel appearing on behalf of the petitioners would contend

that in this regard, the petitioners have already served a legal notice dated

27.07.2022 (Annexure P-6) upon respondent No.2, but till date, no decision

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

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would be satisfied in case their 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, 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 respondent No.2 to decide legal notice dated

27.07.2022 (Annexure P-6) 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 29.11.2022 sanjeev Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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