Naresh Kumar vs State Of Punjab And Another
2024 Latest Caselaw 5967 P&H

Punjab-Haryana High Court

Naresh Kumar vs State Of Punjab And Another on 15 March, 2024

                                                          Neutral Citation No:=2024:PHHC:037715




                                            2024:PHHC:037715
             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
122
                                                        CWP-6199-2024 (O&M)
                                                        Date of decision: 15.03.2024

Naresh Kumar
                                                                            ....Petitioner
                                 Versus

State of Punjab and Another
                                                                         ...Respondents

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

Present : Ms. Amarjit Kaur, Advocate for the petitioner ***** AMAN CHAUDHARY. J.

1. The present civil writ petition has been filed under Articles 226/227

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

directing the respondent No.2 to refix the pension of petitioner w.e.f. 04.06.1996

considering the entire service as qualifying service.

2. Learned counsel would contend that the service rendered by the

petitioner from 1996 till 2001, when he was regularised, has not been taken into

consideration towards qualifying service for pension, despite the fact that his case

is covered by the judgment in the case of Harbans Lal vs. State of Punjab and

others, 2012(3) SCT 362 and Pardip Singh Kaleka and Another vs. State of

Punjab and Another in CWP-18927-2017, decided on 05.07.2019, for release the

pension by counting the service from 1996 instead of 2006. In this regard, a legal

notice dated 06.06.2022, Annexure P-6, has been served upon respondents, which

has yet not evoked any response. He thus, at this stage, on instructions from the

petitioner, who is present in person, submits that he is sanguine of it being

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

decide the same in a time bound manner by granting him an opportunity of

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Neutral Citation No:=2024:PHHC:037715

CWP-6199-2024 (O&M) -2-

hearing.

3. Notice of motion.

4. At the asking of the Court, Mr. Satnam Preet Singh, 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 respondents to

consider and decide the legal notice dated 06.06.2022, Annexure P-6, taking note

of the judgments referred to above as also the pleas raised within a period of 4

months and if found entitled, necessary benefits be granted to the petitioner

forthwith.

                                                  (AMAN CHAUDHARY)
                                                        JUDGE
15.03.2024
M.Kamra

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

Neutral Citation No:=2024:PHHC:037715

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