Hc/Lr Avtar Chand And Ors vs State Of Punjab And Ors
2023 Latest Caselaw 1418 P&H

139          IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                       CWP No.1304 of 2023 (O&M)
                                       Date of decision : 23.01.2023

HC/LR Avtar Chand & ors.                                    ...... Petitioners

                   versus

The State of Punjab & ors.                                   ...... Respondents

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
            ***

Present :-   Mr. Jasbir Singh 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'.

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

representation dated 11.10.2022 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).

Mr. Charanpreet Singh, AAG, Punjab appearing for the

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.

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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 11.10.2022 (Annexure P-11) within 8 weeks

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

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 8 weeks thereafter.

However if the authorities find that the claim of the petitioners

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

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

merits acceptance and if the amount is not disbursed within the stipulated

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

recovered from the pocket of respondent No.2.

                                                            ( PANKAJ JAIN )
                                                                 JUDGE
23.01.2023
Pooja sharma-I

             Whether speaking/reasoned                      Yes
             Whether Reportable :                           No




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