Bhag Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 5283 P&H

                                                     Neutral Citation No:=2023:PHHC:058854




116
        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                                                 CWP No.8546 of 2023
                                                 Date of decision : 25.04.2023

Bhag Singh and others                                                 ....Petitioners

                                        Versus

State of Punjab and others                                          ...Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present :   Mr. Nitesh Singla, Advocate
            for the petitioners.

PANKAJ JAIN, J. (ORAL)

Present petition has been filed by the petitioners seeking

issuance of writ in the nature of mandamus directing the respondents to

refund the share of the petitioners' contribution towards the New Defined

Contributory Pension Scheme along with interest in view of the judgment

dated 30th of March, 2022 rendered in CWP No.35361 of 2019 titled as

'Constable Bikramjit Singh and others vs. State of Punjab and others'

2. Ld. Counsel for the petitioners at the outset contends that the

Legal Notice served at the behest of the petitioners through their counsel is

pending adjudication with the authorities and the same has been appended

along with the present petition at Annexure P-10 and he limits his prayer for

adjudication thereof in the light of the judgment rendered in Constable

Bikramjit Singh's case (supra).

3. Mr. Aman Dhir, DAG, Punjab appearing for the respondents

fairly concedes that till date judgment at Annexure P-7 has not

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Neutral Citation No:=2023:PHHC:058854

been challenged by the State and he has no objection to the prayer made by

counsel for the petitioners.

4. Without commenting on the merits of the case, the present

petition is disposed off with a direction to respondent No.2 (Director

General of Police (DGP) (Punjab), Sector-9, Chandigarh) to decide the

Legal Notice dated 7th of January, 2023 (Annexure P-10) within

4 weeks from the date of receipt of certified copy of this order.

5. In case, the case of the petitioners are found to be covered by

the judgment rendered by this Court in the case of 'Constable Bikramjit

Singh and others' ibid and are found to be entitled for the arrears along with

interest, the same be released within a period of 4 weeks thereafter.

6. In case, the authorities found that the claim of the petitioners

merits rejection, the same shall be rejected by passing a Speaking Order.

7. It is further clarified that in case, the claim of the petitioners

merits acceptance and the amount is not disbursed pursuant thereto within

8 weeks, the same shall carry an interest @ 18% thereafter, which shall be

recovered from the pocket of respondent No.2.

April 25, 2023                                            (PANKAJ JAIN)
Dpr                                                          JUDGE
             Whether speaking/reasoned        :      Yes/No
             Whether reportable               :      Yes/No




                                                   Neutral Citation No:=2023:PHHC:058854

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