Punjab-Haryana High Court
Kuldip Singh And Others vs State Of Punjab And Others on 25 January, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:010148
CWP-1706-2024 -1- 2024:PHHC:010148
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(125)
CWP-1706-2024
Date of decision: - 25.01.2024
Kuldip Singh and others
....Petitioners
Versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Lovish Rattan, Advocate,
for the petitioners.
Mr. Ferry Sofat, Additional Advocate General, Punjab.
Mr. Aman Sharma, Advocate
for respondent No.2.
****
VIKAS BAHL, J. (ORAL)
1. Present writ petition has been filed under Article 226/227 of
the Constitution of India for issuance of a writ, order or direction
especially in the nature of mandamus directing the respondents to release
9% per annum interest of gratuity for the period of service rendered by
the petitioners with the State of Punjab before their absorption with the
Punjab State Tubewell Corporation in view of the judgments dated
10.05.2018 passed in CWP-17408-2014 titled as 'Paul Singh and others
Vs. State of Punjab and others (Annexure P-2) and dated 10.05.2018
passed in CWP-17831-2014 titled as 'Subhash Chander and others Vs.
State of Punjab and others'.
2. Learned counsel for the petitioners has submitted that for the
grievances raised by the petitioners, the petitioners have given a legal
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notice dated 28.12.2023 (Annexure P-4) and at this stage, the petitioners
would be satisfied in case competent authority of respondent No.2
considers the same in accordance with law, within a specified time frame
and in case the pleas raised by the petitioners are found to be meritorious,
then, grant the appropriate relief to the petitioners.
3. Learned counsel appearing for respondent No.2 has
submitted that competent authority of respondent No.2 would consider
the said legal notice dated 28.12.2023 (Annexure P-4), filed by the
petitioners, in accordance with law and the same would be done within a
period of five months from the date of certified copy of this order.
4. Keeping in view the above-said facts and circumstances, the
present petition is disposed of, with a direction to competent authority of
respondent No.2 to consider the legal notice dated 28.12.2023 (Annexure
P-4) filed by the petitioners within a period of five months from the date
of receipt of the certified copy of this order and in case competent
authority of respondent No.2 is of the view that the pleas raised by the
petitioners are meritorious, then, the appropriate relief be granted to the
petitioners as expeditiously as possible. In case, competent authority of
respondent No.2 is of the view that the pleas raised by the petitioners are
meritless, then, a speaking order rejecting the claim be passed within the
aforesaid period of five months.
5. It is made clear that this Court has not opined on the merits
of the case and competent authority of respondent No.2 would consider
and decide the matter independently, in accordance with law.
6. It would be open to respondent No.2 to consult with
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respondent No.1 before passing the order and also summoning any record
from respondent No.1, if so required.
( VIKAS BAHL )
January 25, 2024 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
Neutral Citation No:=2024:PHHC:010148
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