Disposed
Malkit Singh v. State of Punjab and Ors.
Punjab & Haryana HCCWP/11044/2013
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No.11044 of 2013 { 1 } IN THE HIGH COURT OF…
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No.11044 of 2013 { 1 } IN THE HIGH COURT OF…
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Civil Writ Petition No.11044 of 2013 { 1 }
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Date of Decision : May 21, 2013
Malkit Singh
.... PETITIONER
Versus
State of Punjab and others
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr.R.K.Arora, Advocate, for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court by filing the present writ petition claiming therein a writ of mandamus directing respondents to consider and grant the petitioner the benefits in terms of the decision rendered by this Court in CWP No. 10759 of 1990 titled as Rajinder Pal Gautam and others vs. State of Punjab and others, decided on 30.05.2008 (Annexure P-6) with a further modification of the said order by a Division Bench of this Court in LPA No. 44 of 2009 titled as State of Punjab and others vs. Rajinder Pal Gautam and others, decided on 15.02.2010 (Annexure P-7). Special Leave Petition (Civil) No.15225 of 2010 preferred by the State of Punjab against the said judgment stands dismissed by the Supreme
Civil Writ Petition No.11044 of 2013 { 2 }
Court vide order dated 12.07.2010 (Annexure P-8).
Petitioner has submitted a representation dated 21.03.2013 (Annexure P-10) to the Director, Health & Family Welfare, Punjab-respondent No.2, but no decision thereon has been taken or conveyed to the petitioner till date nor any benefit has been released to him.
Counsel for the petitioner states that liberty may be granted to the petitioner to file a detailed representation to the Director, Department of Health & Family Welfare, Punjab -respondent No. 2 within a period of six weeks from today, which may be directed to be considered and decided by the said respondent within some specified time.
In the light of the statement made by the counsel for the petitioner and without going into the merits of the case or commenting thereon, the present petition is disposed of with liberty to the petitioner to file a detailed representation to the Director, Department of Health & Family Welfare, Punjab-respondent No. 2 within a period of six weeks from today. If such a representation is made by the petitioner, the same shall be considered and decided by the said respondent within a period of five months of submission of such representation. Decision so taken be conveyed to the petitioner forthwith.
In case the claim of the petitioner is accepted, the consequential benefits, if any, be released to him, in accordance with
Civil Writ Petition No.11044 of 2013 { 3 }
law, within a further period of two months. In case the claim of the petitioner is not to be accepted, a well-reasoned and speaking order
be passed and conveyed to the petitioner forthwith.
May 21, 2013 ramesh
(AUGUSTINE GEORGE MASIH) JUDGE
Malkit Singh
State of Punjab
Augustine George Masih
As recorded by the court registry
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