Mahabir Parshad And Others vs State Of Punjab And Others
2024 Latest Caselaw 5977 P&H

Punjab-Haryana High Court

Mahabir Parshad And Others vs State Of Punjab And Others on 15 March, 2024

                                                    Neutral Citation No:=2024:PHHC:037360




CWP No.6117 of 2024 (O&M)                                                  1

                                                           2024:PHHC:037360


     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                                            CWP No.6117 of 2024 (O&M)
                                             Date of decision: 15.03.2024

Mahabir Parshad and others
                                                               ....Petitioners
                                   Versus
State of Punjab and others
                                                             ....Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:     Mr. Mange Ram Sharma, Advocate
             for the petitioners.

NAMIT KUMAR J. (Oral)

1. Prayer in this writ petition filed by the petitioners under

Articles 226/227 of the Constitution of India, is for issuance of a writ in

the nature of mandamus, directing the respondents to count the entire

daily wage services of the petitioners rendered before regularization, in

pursuance to the Division Bench judgment of this Court in "Harbans

Lal Vs. State of Punjab and others", 2012(3) SCT 362.

2. Learned counsel for the petitioners, at the very outset,

confines his prayer for deciding representation dated 30.01.2024

(Annexure P-7). He submits that at this stage, petitioners would be

satisfied, if the said representation is decided by passing a speaking

order within a time bound frame.

3. Notice of motion.

4. Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on

behalf of respondents No.1 and 2. On the asking of the Court Mr.

Shobhit Phutela, Advocate, who is on the panel of Local Government

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Neutral Citation No:=2024:PHHC:037360

2024:PHHC:037360

Department, Punjab, has accepted notice on behalf of respondent No.3

and have no objection to the innocuous prayer made by learned counsel

for the petitioners.

5. I have heard learned counsel for the parties and have gone

through the record of the case.

6. Without expressing any opinion on the merits of the case or

the claim being made by the petitioners in the present petition,

respondent No.2, is directed to consider and decide the claim made in

the representation dated 30.01.2024 (Annexure P-7) in accordance with

law, by passing a speaking order within a period of 03 months from the

date of receipt of certified copy of this order. In case, the petitioners are

found entitled, their claim be released within a period of 04 weeks

thereafter. In case, the respondents are of the opinion that the claim of

the petitioners merit rejection the same be adjudicated upon by passing

a speaking order after giving an opportunity of personal hearing to the

petitioners within the time as stipulated hereinabove.

7. The petition stands disposed of.

                                             (NAMIT KUMAR)
                                                 JUDGE

15.03.2024
yakub



             Whether speaking/reasoned:               Yes/No

             Whether reportable:                      Yes/No

Neutral Citation No:=2024:PHHC:037360

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