Karam Chand vs State Of Punjab And Others
2022 Latest Caselaw 15361 P&H

127.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH

                                CWP-27237-2022
                                Date of Decision: 30.11.2022

KARAM CHAND                                               .... Petitioner

                                Versus


STATE OF PUNJAB AND OTHERS                                .... Respondents


CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-   Ms. Navdeep, 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 an appropriate writ, order or direction

including a writ in the nature of mandamus directing the respondents to

count the services rendered by the petitioner during the contingent period

before regularization from 01.09.1995 to 21.10.2009 as qualifying service for

the purpose of pensionary benefits in view of judgment dated 31.08.2010

passed in CWP No.2371 of 2010, Annexure P-3, and judgment dated

17.02.2017 passed in CWP No.10217 of 2016, Annexure P-4.

Counsel appearing on behalf of the petitioner would contend

that in this regard, the petitioner has already served a representation/legal

notice dated 01.11.2022 (Annexure P-5) upon the respondents, but till date,

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

petitioner would be satisfied in case his 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 petitioner, the present petition is

disposed of with a direction to the respondents to decide representation/legal

notice dated 01.11.2022 (Annexure P-5) 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
30.11.2022
sanjeev
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




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