Hira Lal And Ors vs State Of Punjab And Others
2023 Latest Caselaw 1329 P&H

119
        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                                                 CWP No.1222 of 2023
                                                 Date of decision : 20.01.2023

Hira Lal and others                                               ....Petitioners

                                        Versus

State of Punjab and others                                       ...Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present :   Mr. Jasbir S. Mohri, Advocate
            for the petitioners.

PANKAJ JAIN, J. (ORAL)

Present writ petition has been filed under Article 226/227 of

the Constitution of India 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

representation dated 28th of September, 2022 filed at the behest of the

petitioners is pending adjudication with the authorities and the same has

been appended along with the present petition at Annexure P-11 and he

limits his prayer for adjudication thereof in the light of the judgment

rendered in Constable Bikramjit Singh's case (supra).

3. Mr. Charanpreet Singh, AAG, Punjab appearing for the

1 of 2

respondents fairly concedes that till date judgment at Annexure P-10 has

not 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, Punjab Police Head Quarter, Sector-9, Chandigarh) to

decide the representation dated 28th of September, 2022 (Annexure P-11)

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 within the stipulated

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

recovered from the pocket of respondent No.2.

January 20, 2023                                          (PANKAJ JAIN)
Dpr                                                          JUDGE
             Whether speaking/reasoned        :      Yes/No
             Whether reportable               :      Yes/No




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