Jagatar Singh Verka And Ors vs State Of Punjab And Ors
2024 Latest Caselaw 19265 P&H

Punjab-Haryana High Court

Jagatar Singh Verka And Ors vs State Of Punjab And Ors on 19 October, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                        Neutral Citation No:=2024:PHHC:136772




CWP No. 28137 of 2024
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           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(112)                                    CWP No. 28137 of 2024
                                         Date of Decision : 19.10.2024

Jagtar Singh Verka and others
                                                                   ...Petitioners

                                 Versus

State of Punjab and others
                                                                 ...Respondents

CORAM:       HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. A.K. Walia, Advocate for the petitioners.

             Mr. Swapan Shorey, Deputy Advocate General, Punjab.

             ***

Harsimran Singh Sethi J. (Oral)

1. Learned counsel for the petitioners submits that the petitioners'

pensionary benefits have been retained by the respondents and that too

without any valid justification though, in the criminal proceedings, no

charge-sheet has been prepared so as to hold that criminal proceedings are

pending against the petitioners, which will give effect to the respondents to

withhold the pensionary benefits. Learned counsel submits that the similar

claim has already been allowed by this Court while passing order in CWP

No. 10423 of 2023 titled as Kashmir Singh and others Vs. State of Punjab

and others, decided on 02.08.2024, the benefit of which judgment should

also be extended to the petitioners.

2. Learned counsel for the petitioners submits that the petitioners

have raised the same grievance before the authorities concerned through the

legal notice dated 07.08.2024 (Annexure P-5) but the same is still pending

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Neutral Citation No:=2024:PHHC:136772

consideration with the respondents and the petitioners will be satisfied, at this

stage, in case a direction is issued to the respondents to decide the same by

passing an appropriate speaking order in a time bound manner.

3. Notice of motion.

4. On the asking of the Court, Mr. Swapan Shorey, learned Deputy

Advocate General, Punjab, who is present in Court, accepts notice on behalf

of the respondent-State and submits that in case, the legal notice dated

07.08.2024 (Annexure P-5) has been received in the office of the concerned

authorities and the same is still pending consideration with the authorities

concerned, the same will be decided by the competent authority within a

period of eight weeks from the date of the receipt of certified copy of this

order by passing an appropriate speaking order. Learned counsel further

submits that in case, it is found feasible to accept the claim of the petitioners,

the same will be accepted, otherwise due reasons will be mentioned for not

accepting the claim of the petitioners in the speaking order to be passed and

the said order will be duly conveyed to the petitioners.

5. Learned counsel for the petitioners submits that keeping in view

the statement of learned State counsel, the present petition may kindly be

disposed of having been not pressed any further.

6. Ordered accordingly.

October 19, 2024                        (HARSIMRAN SINGH SETHI)
kanchan                                          JUDGE

             Whether speaking/reasoned : Yes
             Whether reportable                : No




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