Balvir Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 1696 P&H

125
        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                                                 CWP-1554-2023
                                                 Date of decision : 25.01.2023


BALVIR SINGH AND OTHERS                                            ....Petitioners

                                        Versus

STATE OF PUNJAB AND OTHERS                                       ...Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present :   Mr. Baljeet S. Sidhu, 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-5 and he limits his prayer for

adjudication thereof in the light of the judgment rendered in Constable

Bikramjit Singh's case (supra).

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

respondents fairly concedes that till date judgment at Annexure P-4 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, Punjab Police Head Quarter, Sector-9,

Chandigarh) to decide the Legal Notice dated 12th of October, 2022

(Annexure P-5) 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 personal pocket of respondent No.2.

January 25, 2023                                            (PANKAJ JAIN)
Dpr                                                            JUDGE




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