Punjab-Haryana High Court
Sukhpal Singh vs State Of Punjab And Others on 14 August, 2020
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP-11856-2020(O&M)
Date of Decision: 14.8.2020
Sukhpal Singh --Petitioner
Versus
State of Punjab & others --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Ms. Kanwalpreet Kaur Dhaliwal, Advocate
for the petitioner.
***
TEJINDER SINGH DHINDSA.J (Oral) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
Petitioner seeks a Mandamus for directing the respondents to count the service rendered on the post of S.P.O as qualifying service for purposes of pensionary/retiral benefits.
It is the contention raised by counsel that identical relief has already been granted by this Court in CWP-9936-2017 (Sukhjeet Singh and others Vs. State of Punjab and others) decided on 15.2.2018 as also CWP-7127-2019 (Jarnail Singh & others Vs. State of Punjab & others) decided on 1.4.2019.
Counsel submits that the petitioner has served a legal notice dated 26.2.2020 (Annexure P-12) but no action has been taken thereon. She submits that the petitioner would be satisfied, if, the petition is disposed of with a direction to the respondents to consider and decide the legal notice. Order of the Coordinate Bench of this Court in CWP-9562-2020 decided on 10.7.2020 wherein in a similar case petition was disposed of with a 1 of 2 ::: Downloaded on - 06-09-2020 08:15:24 ::: CWP-11856-2020(O&M) -2- direction to consider and decide the legal notice, has also been referred to.
Issue notice to the respondents.
On the asking of the Court, Mr. Charanpreet Singh learned AAG, Punjab accepts notice on behalf of respondents and waives service.
Instant petition is disposed of with a direction to respondent no.2 to consider the legal notice dated 26.2.2020 (Annexure P-12) in the light of the relevant rules/instructions and the judgements of this Court on the subject as expeditiously as possible and in any case within a period of three months from the date of receipt of a certified copy of this order.
In case the petitioner is found entitled to the relief prayed for, the same be released in his favour within a period of one month thereafter.
Disposed of.
(TEJINDER SINGH DHINDSA)
JUDGE
14.8.2020
lucky Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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