Shamsher Singh vs State Of Punjab And Others
2024 Latest Caselaw 10518 P&H

Punjab-Haryana High Court

Shamsher Singh vs State Of Punjab And Others on 1 July, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                       Neutral Citation No:=2024:PHHC:081228




CWP-14469-2024                        1


136          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                      CWP-14469-2024
                                      Date of Decision: 01-07-2024

SHAMSHER SINGH                                             ........Petitioner


                                Versus


STATE OF PUNJAB AND ORS.                                   ........Respondents


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:-   Mr. Sunny Kumar Singla, Advocate
            for the petitioner.

HARSIMRAN SINGH SETHI, J. (Oral)

In the present petition, grievance being raised by the petitioner is that

the impugned order dated 09.05.2024 (Annexure P-1), which has been passed by

the authorities concerned to deny the petitioner the benefit of pension under the Old

Pension Scheme, has been passed on the ground that the petitioner was working on

part-time basis and not on daily-wage basis.

Learned counsel for the petitioner submits that as per the judgment of

this Court in CWP No.10238 of 2017 "Jeewan Lata Vs. State of Punjab and Ors."

decided on 10.05.2019, the part-time service rendered by an employee for number

of years is to be treated as a valid service so as to be taken into account for

computing the pensionary benefits, which judgment has not been taken into

account while denying the petitioner the benefit of Old Pension Scheme keeping in

view the judgment of the Division Bench of this Court in in CWP No.2371 of 2010

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Neutral Citation No:=2024:PHHC:081228

decided on 31.08.2010 titled as "Harbans Lal Vs. The Sate of Punjab and

others".

Notice of motion.

Mr. Charanpreet Singh, AAG Punjab appears and accepts notice on

behalf of the respondent-State.

Learned State counsel submits that he has instructions from Mr.

Harpinder Singh, DEO, Ludhiana to say that the impugned order dated 09.05.2024

(Annexure P-1) be treated as being withdrawn with liberty to pass a fresh order by

taking into consideration the judgment of this Court in Jeewan Lata (supra).

Learned State counsel further submits that the said appropriate order will be passed

within a period of 8 weeks of the receipt of copy of this order. Learned State

counsel further submits that in case, it is found feasible to accept the claim of the

petitioner, the same will be accepted, otherwise due reasons will be mentioned for

not accepting the claim of the petitioner in the speaking order to be passed.

Learned counsel for the petitioner submits that as the impugned order

has been withdrawn with liberty to pass a fresh one, hence, the present petition may

kindly be disposed of as having been not pressed any further.

Ordered accordingly.

(HARSIMRAN SINGH SETHI) JUDGE 01.07.2024 Sapna Goyal

Whether speaking/reasoned : Yes Whether Reportable : No

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