Onkar Jot Sidhu vs Punjabi University Patiala ...
2023 Latest Caselaw 1420 P&H

143          IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                      CWP No.1331 of 2023 (O&M)
                                      Date of decision : 23.01.2023

Onkar Jot Sidhu                                            ...... Petitioner

                   versus

Punjabi University, Patiala                                 ...... Respondents

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

                   ***

Present :-   Mr. Baltej Singh Sidhu, Sr. Advocate with
             Mr. Divij Dutt, Advocate
             for the petitioner.

                   ***

PANKAJ JAIN, J. (ORAL)

The petitioner has preferred present petition under Article

226/227 of the Constitution of India seeking writ in the nature of Certiorari

for setting aside the order dated 09.06.2022 (Annexure P-4) passed by the

respondent whereby it has been decided not to count the adhoc service of the

petitioner as Technical Assistant (Adhoc) from 27.05.2004 to 21.05.2012 for

retiral/pensionary benefits being violative of law laid down by the Full

Bench of this Court in Kesar Chand Vs. State of Punjab & ors. decided on

02.06.1998, AIR 1988 P&H 265.

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

representation dated 23.11.2022 filed at the behest of the petitioner is

pending adjudication with the authorities and the same has been appended

along with the present petition at Annexure P-5 and he limits his prayer for

adjudication thereof in the light of the judgment rendered in Kesar Chand

case (supra).

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Notice of motion.

Mr. H.S.Batth, Advocate appears and accepts notice on behalf

of the respondent-University and submits that he has no objection to the

prayer made by counsel for the petitioner.

Without commenting on the merits of the case, the present

petition is disposed off with a direction to the respondent to decide the

representation dated 23.11.2022 (Annexure P-5) within 4 weeks from the

date of receipt of certified copy of this order.

In case, the case of the petitioner is found to be covered by the

judgment rendered by this Court in the case of 'Kesar Chand ibid and is

found to be entitled for the arrears along with interest, the same be released

within a period of 4 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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