Punjab-Haryana High Court
Ram Krishan vs State Of Punjab And Others on 11 March, 2024
Neutral Citation No:=2024:PHHC:034108
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2024:PHHC:034108
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.20843 of 2023 (O&M)
Date of decision: 11.03.2024
Ram Krishan
....Petitioner
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Rajeev Dev Sharma, Advocate
for the petitioner.
Ms. Arundhati Kulshreshtha, AAG, Punjab.
Mr. Sanjeev Soni, Advocate
and Mr. Tara Dutt, Advocate for respondent No.3.
NAMIT KUMAR J. (Oral)
1. The present petition has been filed by the petitioner for
claiming the following reliefs:-
"i) Issuance of a writ in the nature of mandamus
directing the respondents to pay the complete retrial
benefits in all heads along with all retiral benefits to the
petitioner arising out of his service along with complete
arrears.
ii) It is further prayed that the petitioner is also
entitled for interest on the delayed payment of all the
retiral benefits and other arrears from the date when the
same became due, till its realization in view of full bench
Judgment of this Hon'ble Court in A.S. Randhawa Vs.
State of Punjab & others reported as 1997 (3) SCT 468.
iii) It is further prayed that the petitioner is also
entitled for the interest @ 12% p.a. on the delayed payment
of all the retiral benefits from the date when it became due,
till its realization.
iv) To dispense with the filing of certified copies of
Annexures attached with the writ petition and may be
exempted from filing the legible copies of the same.
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v) Dispense with the service of advance notice upon
the Respondents.
vi) Award the costs of the Writ Petition in favour of
the Petitioner."
2. On issuance of notice of motion, separate replies have been
filed on behalf of respondents No.1 and 2 and 3.
3. In the reply filed by respondent No.3, it has been stated as
under:-
"Respectfully Showeth:
Preliminary Submissions:
1. That the Petitioners have not come to this Hon'ble
Court with clean hand and have concealed material
information therefore, are not entitled for any relief. It is
submitted that present writ petition is not maintainable as
the Petitioner has already filed a CWP No. 22492 of 2016
for the same relief and during the pendency of the said writ
petition the present writ petition has been filed. The said
petition has been allowed by this Hon'ble High Court vide
its order dated 30.01.2024 vide which the Respondent have
been granted 4 months time to grant the pensionary benefit
to the Petitioner under the old pension scheme after
adjusting the payments made to him under the New
Defined Contributory Pension Scheme."
4. Since the other writ petition filed by the petitioner i.e. CWP
No.22492 of 2016, claiming the same relief has already been allowed by
this Court vide order dated 30.01.2024, nothing survives in the present
petition and the same is hereby dismissed.
(NAMIT KUMAR)
JUDGE
11.03.2024
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:034108
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