Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Punjab-Haryana High Court

Hans Raj And Ors vs State Of Punjab And Ors on 22 January, 2020

Author: Tejinder Singh Dhindsa

Bench: Tejinder Singh Dhindsa

            IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH

                                                CWP-1664-2020 (O&M)
                                                Date of Decision: 22.1.2020

Hans Raj & others                                            --Petitioners

                           Versus
State of Punjab & others                                     --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

Present:-   Mr. J.S. Mohri, Advocate for the petitioners.

            ***

TEJINDER SINGH DHINDSA.J (Oral) As per pleadings on record, petitioners were initially appointed as Special Police Officers (S.P.O) on different dates between the period 1991 to 1994 on daily wage basis. A selection process is stated to have been initiated thereafter in which all the petitioners participated and on being successful were allotted constabulary numbers between the period 1996 to 2002.

Instant writ petition has been filed seeking a Mandamus directing the respondent authorities to count the daily wage service as Special Police Officer prior to their regularization for purposes of pensionary benefits.

It is the contention raised by counsel that the claim raised in the instant petition would be covered in terms of the Division Bench judgement of this Court i.e. CWP-2371-2010 (Harbans Lal Vs. State of Punjab & others). Further submitted that identically situated employees had approached this Court by way of filing of CWP-9936-2017 (Sukhjeet Singh and others Vs. State of Punjab and others) and such writ petition has been allowed vide judgement dated 15.2.2018 (Annexure P-7 colly).

Petitioners seek parity in treatment.


                                       1 of 2
                    ::: Downloaded on - 23-01-2020 20:44:51 :::
 CWP-1664-2020 (O&M)                                  -2-

At this stage, counsel submits that he would be satisfied if the writ petition were to be disposed of with a direction to the concerned authority to examine the claim against the backdrop of a legal notice that has already been served.

Submission advanced by counsel is found to be just and reasonable.

In view of the above, I deem it appropriate to dispose of the instant writ petition with a direction to respondent no.2/competent authority to examine the claim of the petitioners against the backdrop of a legal notice dated 22.7.2019 (Annexure P-9) and to take a final decision thereupon expeditiously and in any case within a period of three months from the date of receipt of a certified copy of this order.

Disposed of.



                                         (TEJINDER SINGH DHINDSA)
                                                   JUDGE
22.1.2020
lucky

              Whether speaking/reasoned:        Yes/No
              Whether Reportable:               Yes/No




                                       2 of 2
                   ::: Downloaded on - 23-01-2020 20:44:52 :::