Salwinder vs State Of Punjab And Ors
2024 Latest Caselaw 5554 P&H

Punjab-Haryana High Court

Salwinder vs State Of Punjab And Ors on 12 March, 2024

                                                         Neutral Citation No:=2024:PHHC:036353




CWP-16557-2016 (O&M)                                            2024:PHHC:035449
CWP-17474-2017 (O&M)                                                   1

           IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH
105+230-2 cases
                                 CWP-16557-2016 (O&M)
                                 Date of decision: 12.03.2024

Salwinder
                                                                      ....Petitioner
                                Versus

State of Punjab and others
                                                                     ...Respondents

                                              CWP-17474-2017 (O&M)
Jaswinder Kaur
                                                                      ....Petitioner
                                Versus

State of Punjab and others
                                                                     ...Respondents


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

Present : Mr. Manpreet Singh, Advocate for Mr. P.S. Khurana, Advocate for the petitioner(s).

Mr. Charanpreet Singh, AAG, Punjab.

***** AMAN CHAUDHARY. J.

CM-4386-CWP-2019 in CWP-16557-2016 For the reasons mentioned in the application, the same is allowed.

Annexure P-9 is taken on record subject to all just exceptions.

Main Case(s)

1. This common order shall dispose of the above petitions as they

involve the same issue.

2. The prayer in the present petitions filed under Articles 226/227 of

the Constitution of India, is for issuance of a writ in the nature of mandamus,

for directing the respondents to grant the regular pay scale and other allowances

w.e.f. 10.06.2023, and further for quashing the condition of the applicability of

new contributory pension scheme qua the petitioners and also directing the

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Neutral Citation No:=2024:PHHC:036353

CWP-16557-2016 (O&M) 2024:PHHC:035449

respondents to consider their claim for pension and other benefits as regular

employees.

3. Learned counsel would submit that his case is for the grant of

benefits arising out of regularization inasmuch as for old pension scheme and to

treat the service prior to regularization as qualifying service towards old

pension scheme. He relies on the judgments of this Court in Harbans Lal vs.

The State of Punjab and others, 2012(3) SCT 362 and LPA-666-2022, titled

as Municipal Council, Radian vs. Musthaq Masih and others, decided on

21.12.2023. He on instructions prays, that the petitioners would be satisfied, in

case a time bound direction is given to the respondents to consider their claim,

keeping in view the aforesaid judgments.

4. Learned State counsel 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 respondents to

consider and decide their claims, by taking into account the aforesaid

judgments, within a period of 6 months and if found entitled, necessary benefit

be granted to the petitioners forthwith.

6. A photocopy of this order be placed on the file of connected case.

                                                   (AMAN CHAUDHARY)
                                                         JUDGE
12.03.2024
Hemant

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

Neutral Citation No:=2024:PHHC:036353

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