Sukhwinderpal Singh And Anr vs State Of Punjab And Others
2023 Latest Caselaw 9491 P&H

                                                          Neutral Citation No:=2023:PHHC:086139




                                                       2023:PHHC:086139
CWP-14126-2023 (O&M)                                       -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                          CWP-14126-2023 (O&M)
                                          Date of Decision: 06.07.2023
Sukhwinder Pal Singh and anr.
                                                            ... Petitioners
                                 V/s.
State of Punjab and others
                                                            ... Respondents


CORAM:       HON'BLE MR. JUSTICE DEEPAK MANCHANDA


Present :    Ms. Kriteka Sheokand, Advocate
             for the petitioners.
                    ****

DEEPAK MANCHANDA, 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 for directing the respondents to count and treat the

entire service of the petitioners which has been rendered by them in the

Punjab State Tubewell Corporation from the date of appointment till their

retirement for the purpose of all retirement benefits in view of the judgment

of the Apex Court in Gurmail Singhs case (Annexure P-1).

Learned counsel for the petitioners submits that petitioner

No. 1 joined the services of Irrigation Department, State of Punjab on

01.03.1974 and petitioner No. 2 joined on 21.04.1974 as Tubewell

Operators and were also retired as Tubewell Operators from the office of

respondent No. 2 and are aggrieved by the action of respondents in not

releasing the arrear of gratuity for the period of service rendered by them

with the State of Punjab. It is submitted that in the year 1982, the petitioners

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were transferred from Punjab State Tubewell circle of irrigation branch to

Punjab State Tubewell corporation and were absorbed therein wef

09.12.1983. The petitioners were among the retrenched staff and later on

were absorbed in service. Petitioner No. 1 stood retired on 30.04.2013 and

petitioner No. 2 stood retired on 31.10.2011 on superannuation, they were

paid all retiral benefits except the leave encashment and gratuity for the

period before absorption in the corporation. Learned counsel for the

petitioner further submits that the petitioners have already raised the said

grievance in the legal notice dated 23.03.2023 (Annexure P-8), which is still

pending consideration with respondents and the petitioners will be satisfied

at this stage, in case a direction is issued to respondent No. 2 to decide the

same by passing an appropriate speaking order in a time bound manner.

Notice of motion.

At this stage, on the asking of the Court, Mr. Anurag Bansal,

AAG, Punjab, who is present in Court, accepts notice on behalf of

respondent No. 1 and raises no objection in deciding the legal notice dated

23.03.2023 in a time bound manner by passing an appropriate speaking

order.

I have heard learned counsel for the parties and have gone

through the record of the case.

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 petitioners in the legal notice, respondents are directed to decide the

legal notice dated 23.03.2023 (Annexure P-8) moved by the petitioner, by

passing a speaking order within a period of four weeks from the date of

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receipt of certified copy of this order with a further direction that if the

petitioners are found to be entitled to the claim mentioned in the legal

notice, necessary disbursement of funds shall be made to them within a

period of two weeks thereafter.

The petition stands disposed of.

                                                  (DEEPAK MANCHANDA)
                                                       JUDGE
06.07.2023
seema


        Whether speaking/reasoned       Yes
        Whether Reportable              Yes /No




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