Punjab-Haryana High Court
Gurpal Singh vs State Of Haryana And Others on 3 July, 2024
Neutral Citation No:=2024:PHHC:081791
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
109 CWP-14860
14860-2024 (O&M)
Date of decision: 03.07.2024
Gurpal Singh ..Petitioner
Versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Ram K. Saini,, Advocate for the petitioner.
***
AMAN CHAUDHARY, J (Oral)
1. The present petition has been filed for directing the respondents to
comply with order dated 01.09.2009 (Annexure P1) passed by this Court in
CWP-3758-2008
2008 and release the pension to petitioner
petitioner.
2. Learned counsel would submit that petitioner has not been released
pension despite the fact that the issuee stands decided in his favour by the Division
Bench of this Court in the cases
case State of Punjab and others vs. Mukhtiar
Singh, LPA No.189 of 2004 and connected cases, decided on 19.04.2011
(Annexure P3) and Bhakra Beas Management Board and others vs. Hari
Chand, LPA No.1589 of 2011 and connected cases, decided on 29.11.2011
(Annexure P4).
P4) He had an order of this Court
ourt in his favour passed in CWP-3758
3758-
2008 decided on 01.09.2009 based on judgment of Hari Chand vs.
s. Bhakra Beas
Management Board and others, 2005(2) RSJ 373, which however was set aside
by Hon'ble the Supreme Court vide judgment dated 10.12.2009 and remitted
back to this Court.
ourt. Petitioner was granted liberty
liberty to invoke the jurisdiction of this
Court after the decision of the question of the afor
aforesaid case vide order dated
23.11.2010 (Annexure P2).
P2). The aforesaid writ petition
petitions having been decided as
stated above vide judgments
judgments dated 19.04.2011 and 29.11.2011 ((Annexures P3
and P4). Relief
elief has not been granted with regard to which representation dated
dat
17.01.2024 (Annexure P5) has been submitted and a legal notice dated
05.02.2024 (Annexure P6) has been served, however, the same has not yet
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Neutral Citation No:=2024:PHHC:081791
CWP-14860-2024 (O&M) -2-
evoked response. There is a communication dated 19.02.2024 (Annexure P7) as
well addressed to respondent No.2 with regard to legal notice. He thus, at this
stage, on instructions, submits that the petitioner would be satisfied, in case,
a direction is given to the respondents to decide the same in a time bound manner
by granting him an opportunity of hearing.
3. Notice of motion.
4. At the asking of the Court, Mr. Harish Nain, AAG, Haryana, 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 on the merits of the
case, this petition is hereby disposed of with a direction to the respondents to
decide the legal notice dated 05.02.2024 (Annexure P6), within a period of 4
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 him and if found entitled, grant the benefit forthwith. Needless
to say, if the orders are adverse to his interest, the same shall contain reasons and
the petitioner shall be free to seek legal redress thereupon.
( AMAN CHAUDHARY )
03.07.2024 JUDGE
ashok
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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