Shamsher Singh vs State Of Haryana And Ors
2024 Latest Caselaw 18641 P&H

Punjab-Haryana High Court

Shamsher Singh vs State Of Haryana And Ors on 21 October, 2024

                                     Neutral Citation No:=2024:PHHC:137121




           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH
207                                      CWP-8462
                                               8462-2018 (O&M)
                                         Date of decision: 21.10.2024
Shamsher Singh                                        ..Petitioner

                                       Versus

State of Haryana and others                           ..Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:     Mr. Utkarsh Sheoran, Advocate for
             Mr. Satya Vir Singh Yadav, Advocate for the petitioner.
             Mr. Tapan Kumar, DAG, Haryana.
       Mr. Harneet Singh Oberoi, Advocate for respondent
                                              respondent-CAG.
       ***
AMAN CHAUDHARY, J. (Oral)

1. Prayer made in the present petition is for quashing the action/letter

dated 27.02.2018 (Annexure P4) by which claim of the petitioner pertaining to

revision on of pension had been declined.

declined

2. After issuing notice of motion vide order dated 18.07.2022 the

matter was adjourned sine die to await the decision of the Full Bench in CWP-

CWP

17310-2015 titled as Shamsher Singh and others vs. State of Haryana and

others,, which was decided vide judgment dated 19.07.2024 19.07.2024, relevant para thereof

to which learned counsel counse makes reference reads thus:

thus:-

"41.

41. Consequently, Rule 8(3) of Part Part-II II Rules, 2009 is held to be violative of Articles 14 and 16 of the Constitution of India and is accordingly stuck down. All the employees who were in service as on 01.01.2006, will be entitled itled for the benefit of Part Part-II II Rules, 2009 notified on 17.04.2009 irrespective of the fact whether they retired before the Notification dated 17.04.2009 or thereafter."

thereafter

3. Learned counsel submits that the petitioner would be satisfied in

case the matter be considered in terms of the aforesaid aforesaid.

4. Learned State counsel has no objection to having a relook at the

matter.

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Neutral Citation No:=2024:PHHC:137121

CWP-8462-2018 (O&M) -2-

5. In wake of the above, without commenting on merits of the case, the

present petition is disposed of and the claim be decided afresh keeping in view

the above judgment, within a period of 3 months, which this Court has no reason

to believe the authorities would not address in a just, fair and reasonable manner.

Upon doing so, after notice and hearing offered to the petitioner and if found

entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to

his interest, the same shall contain reasons and the petitioner shall be free to seek

legal redress thereupon.

21.10.2024                                     ( AMAN CHAUDHARY )
ashok                                                 JUDGE
             Whether speaking/reasoned :       Yes/No
             Whether reportable :              Yes/No




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