Jagir Singh Sandhu And Ors vs Punjab Agricultural University ...
2024 Latest Caselaw 8742 P&H

Punjab-Haryana High Court

Jagir Singh Sandhu And Ors vs Punjab Agricultural University ... on 24 April, 2024

CM-8542-2023 in/and                                   2024:PHHC:057286
                                       Neutral Citation No:=2024:PHHC:057286
CWP-20143-2020 (O&M)                                                            -1-



           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

108+263                                               CM-8542-2023 in/and
                                                      CWP-20143-2020 (O&M)
                                                      Date of Decision: 24.04.2024

S. Jagir Singh Sandhu and others
                                                                        ...Petitioners
                                        Versus


Punjab Agricultural University and others
                                                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

              ****
Present:      Mr. Jatinder Nagpal, Advocate for the petitioners.

              Mr. Satnampreet Singh, DAG, Punjab.

              Mr. Deepak Agnitohri, Advocate for the respondents.
              ****

AMAN CHAUDHARY J. (Oral)

CM-8542 of 2023 For the reasons mentioned in the application, same is allowed.

Certified vernaculars of Annexures R-1, R-2, R-3 and R-4 annexed in the written

statement filed by respondents No.4, 5 and 6 are taken on record, subject to all just

exceptions.

Main case

1. The prayer made in the present petition is for setting aside/quashing

the Speaking Order dated 24.09.2020, Annexure P-5, whereby the claim of the

petitioners for grant of option for pension has been declined and to further direct

the respondent-Universities to grant them option for pension/provide one more

opportunity to opt for pension scheme.

2. Learned counsel for the petitioners submits that the claim of the

petitioners for grant of GPF was rejected on the ground that they had not given

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CM-8542-2023 in/and 2024:PHHC:057286 Neutral Citation No:=2024:PHHC:057286 CWP-20143-2020 (O&M) -2-

option for the same. While clause of Instructions dated 20.11.1991, Annexure P-1,

envisages that in case an option is not given in such an eventuality it would be

automatically taken to have opted for GPF as also observed in the impugned order.

He further submits that the case of the petitioners is otherwise covered by the

judgment of Hon'ble the Supreme Court in University of Delhi vs. Smt. Shashi

Kiran and others etc., 2022(3) SCT 93. He, on instructions, submits that the

petitioners would be satisfied if a direction is given for reconsideration in view of

the above submissions.

3. Learned State counsel has no objection to the limited prayer made.

4. In view of the aforesaid and without commenting upon the merits of

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

consider and decide the claim of the petitioners taking note of the aforesaid

judgment, 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 them, 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 petitioners shall be free to seek legal redress.

(AMAN CHAUDHARY) JUDGE 24.04.2024 dinesh Whether speaking : Yes Whether reportable : No

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