Balwinder Kaur vs State Of Punjab And Others
2024 Latest Caselaw 6580 P&H

Punjab-Haryana High Court

Balwinder Kaur vs State Of Punjab And Others on 22 March, 2024

               CWP-6962-2024                          2024:PHHC:041869                      1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
               122
                                                                   CWP-6962-2024
                                                                   Date of decision: 22.03.2024

               Balwinder Kaur
                                                                                      ....Petitioner
                                                      Versus

               State of Punjab and others
                                                                                     ...Respondents


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

               Present :           Mr. V.K. Shukla, Advocate and
                                   Mr. Ashish Gupta, Advocate
                                   for the petitioner.

                          *****
               AMAN CHAUDHARY. J (ORAL).

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

226 of the Constitution of India, is to issue a writ in the nature of mandamus,

for directing the respondents to count the entire daily-wage service of the

petitioner from 15.11.1995 to 15.12.2003.

2. Learned counsel would submit that the daily wage service of the

petitioner from 15.11.1995 to 15.12.2003, which was followed by regular

service, has not been counted as qualifying service for pensionary benefits,

despite the issue having been settled by a Division Bench of this Court in

CWP-18841-2007 titled as Sadhu Singh and others vs. State of Punjab and

others, decided on 25.07.2008, Annexure P-2. In this regard, a legal notice

dated 05.01.2024, Annexure P-3, 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 same in a

time bound manner by granting her an opportunity of hearing.

integrity of this order/judgment

3. Notice of motion.

4. At the asking of the Court, Mr. Charanpreet Singh, AAG, 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 05.01.2024, Annexure P-3 and

decide the same taking note of the aforesaid pleas, within a period of six

months and if found entitled, necessary benefit be granted to her forthwith.

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

passed, after associating the petitioner therewith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
               22.03.2024
               Hemant

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







integrity of this order/judgment