Citation : 2024 Latest Caselaw 17899 P&H
Judgement Date : 25 September, 2024
Neutral Citation No:=2024:PHHC:127028
CWP-24701-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
119 CWP-24701-2024 (O&M)
Date of Decision :25.09.2024
Manoj Kumar ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:- Mr. S.K. Rattan, Advocate for the petitioner.
Mr. Charanpreet Singh, AAG, Punjab.
***
Harsimran Singh Sethi, J. (Oral)
Learned counsel for the petitioner submits that the petitioner is
entitled for the grant of benefit of counting the service rendered by him in
the aided institution for the purpose of determining the qualifying service
after being retired from the service of the State of Punjab and the said claim
of the petitioner is covered by the judgment of the Coordinate Bench of this
Court in CWP-14238-1991 titled as Sukhdev Singh and others vs. State of
Punjab and others, decided on 10.03.2010 but the respondents are not
granting the said benefit to the petitioner, which action of the respondents is
totally arbitrary and illegal especially, when the similarly situated
employees have already been extended the said benefit.
Learned counsel for the petitioner submits that the petitioner
has already raised the said grievance in the legal notice dated 09.06.2024
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Neutral Citation No:=2024:PHHC:127028
CWP-24701-2024 (O&M) -2-
(Annexure P/6), which is still pending consideration and the petitioner will
be satisfied at this stage, in case, the respondents are directed to decide the
said legal notice in a time bound manner.
Notice of motion.
Mr. Charanpreet Singh, AAG, Punjab accepts notice on behalf
of the respondent-State.
Learned counsel for the respondents submits that in case, legal
notice dated 09.06.2024 (Annexure P/6) has been received from the
petitioner, the same will be decided in accordance with law and appropriate
speaking order will be passed within a period of 08 weeks from the date of
receipt of copy of this order and in case, it is found feasible, the relief will
be extended to the petitioner otherwise, due reasons for not accepting the
claim of the petitioner will be mentioned in the speaking order so passed,
which will be conveyed to the petitioner for his information and necessary
action.
Learned counsel for the petitioner submits that keeping in view
the statement made by learned counsel for the respondents, present petition
may kindly be disposed of having been not pressed any further.
Ordered accordingly.
September 25, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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