Ruldu Ram vs State Of Punjab And Others
2024 Latest Caselaw 5530 P&H

Punjab-Haryana High Court

Ruldu Ram vs State Of Punjab And Others on 12 March, 2024

             CWP-5758-2024                           2024:PHHC:035148                              1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
             130
                                                                  CWP-5758-2024
                                                                  Date of decision: 12.03.2024

             Ruldu Ram
                                                                                       ....Petitioner
                                                     Versus

             State of Punjab and others
                                                                                      ...Respondents

             CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                              *****

Present : Mr. Amrik Singh, Advocate for the petitioner.

***** AMAN CHAUDHARY. J.

1. The prayer in the present Civil Writ Petition filed under Articles

226/227 of the Constitution of India, is to issue a writ in the nature of certiorari,

for quashing the conditions incorporated in the order dated 11.12.2014,

Annexure P-3.

2. Learned counsel would submit that the petitioner is working in the

Education Department on part time basis as a Sweeper since 11.11.1991 and

his services were regularized vide order dated 11.12.2014. However, his

services had not been counted for the purpose of old pension scheme prevalent

prior to 01.01.2004. He relies on the judgments of this Court in CWP-2371-

2010 titled as Harbans Lal vs. State of Punjab and others, decided on

31.08.2010, Annexure P-7 and CWP-10238-2017 titled as Jeewan Lata vs.

State of Punjab and others decided on 10.05.2019, Annexure P-8, which was

also a case of part time sweeper and was allowed by this Court. In this regard,

a legal notice dated 06.09.2022, Annexure P-9, has been served upon the

respondents, which has yet not evoked any response. He thus, at this stage, on

instructions, submits that the petitioner is sanguine of it being considered in a

positive manner, in case, a direction is given to the respondents to decide the

integrity of this order/judgment

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. Manipal Singh Atwal, DAG,

Punjab accepts notice on behalf of the respondent-State and has no objection to

the limited prayer made.

5. 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 the legal notice dated 06.09.2022, Annexure P-9 and

decide the same taking note of the aforesaid judgments within a period of six

months and .

However, in the eventuality of the relief being denied, a speaking order be

passed, after associating the petitioner therewith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
             12.03.2024
             Hemant

                                   Whether speaking/reasoned     :      Yes / No
                                   Whether reportable            :      Yes / No







integrity of this order/judgment