Punjab-Haryana High Court
Gurpal Singh vs Punjab State Power Corporation ... on 3 August, 2023
Neutral Citation No:=2023:PHHC:099851
CWP-15815-2023 1
2023:PHHC:099851
115 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-15815-2023
Date of decision: 03.08.2023
Gurpal Singh ......Petitioner
V/s
Punjab State Power Corporation Limited and others
...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. Tahaf Bains, Advocate
for the petitioner.
****
DEEPAK MANCHANDA J. (ORAL)
The instant petition has been filed under Article 226/227 of the
Constitution of India for issuance of a writ in the nature of mandamus, directing
the respondents to decide the legal notice dated 13.02.2023 (Annexure P-7)
served upon them by petitioner to release the full pension, gratuity, leave
encashment, arrears of increments, GIS and Notional Promotion along with
interest.
Learned counsel for the petitioner contends that petitioner was
appointed as an Assistant with respondent No1-Punjab State Power Corporation
Limited on 23.01.1973 and thereafter, promoted to Sub Station Attendant. He
submits that petitioner was falsely implicated in FIR No.153 dated 13.11.1995
registered at Police Station Sahnewal, Ludhiana and he was convicted along with
other persons by the learned Additional Sessions Judge, Ludhiana and against the
same, the petitioner preferred Criminal Appeal i.e., CRA-S-1193-SB-2003. On
22.07.2003, the sentence of the petitioner in the aforesaid appeal was suspended
by this Court. Learned counsel further contends that petitioner appealed to the
erstwhile Board to reinstate him, who vide order dated 03.09.2004 reinstated the
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2023:PHHC:099851
petitioner in service and thereafter, the petitioner retired from service on
31.01.2009. He further submits that petitioner Gurpal Singh has been acquitted
from the charges levelled against him passed in CRA-S-1193-SB of 2023 vide
judgment dated 14.12.2022 (Annexure P-6). He again submits that petitioner has
served a legal notice dated 13.02.2023 (Annexure P-7) to the respondents, which
has not been taken into consideration till date and the petitioner would be satisfied
if necessary directions are given for deciding the legal notice in a time bound
manner.
Notice of motion.
On asking of the Court, Mr. Abhilaksh Gain, Advocate who is
present in the Court, accepts notice on behalf of the respondents and does not
object to the prayer made by learned counsel for the petitioner.
In view of the pleadings in the present petition, without expressing
any opinion on the merits of the case or the claim being made by the petitioner in
the legal notice dated 13.02.2023 (Annexure P-7), respondents are directed to
decide the legal notice, by passing a speaking order within a period of 8 weeks
from the date of receipt of certified copy of this order with a further direction that
if the petitioner is found to be entitled to the claim mentioned in the abovesaid
legal notice, necessary disbursement of funds shall be made to him within a
period of 8 weeks thereafter.
The petition stands disposed of.
(DEEPAK MANCHANDA)
03.08.2023 JUDGE
Sapna
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:099851
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