Sandeep Kaur vs State Of Punjab And Ors
2024 Latest Caselaw 8432 P&H

Punjab-Haryana High Court

Sandeep Kaur vs State Of Punjab And Ors on 22 April, 2024

               CWP-8306-2024                        2024:PHHC:053989                             1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
               124
                                                                CWP-8306-2024
                                                                Date of decision: 22.04.2024

               Sandeep Kaur
                                                                                ....Petitioner
                                                    Versus

               State of Punjab and others
                                                                               ...Respondents

               CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                                *****

Present : Mr. Vishal Sharma, Advocate for the petitioner.

***** AMAN CHAUDHARY. J (Oral)

1. The prayer made in the present petition is for directing the

respondents to bring the petitioners under GPF scheme instead of New

Defined Contributory Pension Scheme and to transfer the amount deposited in

Contributory Pension Scheme 2004 to the GPF Scheme.

2. Learned counsel would submit that the service rendered by the

petitioner on daily wage basis from 26.06.2002, prior to his regularization on

26.05.2006, has not been counted as qualifying service for Old Pension

Scheme, despite his case having been covered by the judgment of Division

Bench of this Court in Harbans Lal vs. State of Punjab and others, CWP-

2371-2010, decided on 31.08.2010, which has been upheld upto the Hon'ble

Supreme Court. In this regard, a representation dated 25.09.2019, Annexure

P-10, has been submitted by her, which has yet not evoked any response. He

thus, at this stage, on instructions, submits that the petitioner is sanguine of it

being considered in a positive manner, in case, a direction is given to

respondent No.2 to decide the same in a time bound manner by granting her

an opportunity of hearing.

integrity of this order/judgment

3. Notice of motion.

4. At the asking of the Court, Mr. Gagneshwar Walia, Addl. A.G.,

Punjab accepts notice on behalf of the respondent-State and has no objection

to the limited prayer made.

5. In view of the above and without commenting upon the merits of

the case, this petition is hereby disposed of with a direction to respondent

No.2 to decide the representation dated 25.09.2019, Annexure P-10, within a

period of six months, which this Court has no reason to believe the authorities

would not address in a just, fair and reasonable manner. Upon doing so, after

notice and hearing offered to her and if found entitled, grant the benefit

forthwith. Needless to say, if the orders are adverse to their interest, the same

shall contain reasons and the petitioner shall be free to seek legal redress

thereupon.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
               22.04.2024
               Hemant

                           Whether speaking/reasoned             :      Yes / No
                           Whether reportable                    :      Yes / No







integrity of this order/judgment