Rakesh Kumar And Others vs State Of Punjab And Others
2022 Latest Caselaw 15360 P&H

132.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH

                                CWP-27313-2022
                                Date of Decision: 30.11.2022

RAKESH KUMAR AND OTHERS                                   .... Petitioners


                                Versus


STATE OF PUNJAB AND OTHERS                                .... Respondents


CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-   Ms. Navdeep, Advocate,
            for the petitioners.
                                 ----

JAISHREE THAKUR.J (Oral)

This is a petition that has been filed under Article 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 pay

interest @ 8.1% per annum on the amount refunded to employees which was

deposited under new contributed pension scheme, in view of judgment dated

30.03.2022 passed by this Court in CWP No.35361 of 2019 titled as

Constable Bikramjit Singh and others Versus State of Punjab and others.

Counsel appearing on behalf of the petitioners would contend

that in this regard, the petitioners have already served a representation/legal

notice dated 02.11.2022 (Annexure P-1) upon the respondents, but till date

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

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

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

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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 02.11.2022 (Annexure P-1) 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
30.11.2022
sanjeev
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




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