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Joginder Singh Khaira and Another v. State of Punjab and Others

Punjab & Haryana HC15 Dec 2021CWP/25426/2021

Case brief

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What is this about?

Disposing a writ petition under Articles 226/227 of the Constitution, the Court quashed impugned orders and directed the response to treat a legal notice as a representation to be decided by a speaking order within one month.

What did the court decide?

Direction to consider legal notice as representation and decide via speaking order within one month.

Joginder Singh Khaira and Another… — Pension and Retirement Benefits | Punjab & Haryana HC (2021)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 25426 of 2021 (O&M) Date of decision : December 15, 2021

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Joginder Singh Khaira and another

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....Petitioners

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versus

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State of Punjab and others

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....Respondents

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Coram: Hon'ble Mr. Justice Fateh Deep Singh

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Present : None

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Fateh Deep Singh, J. (Oral)

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The matter has been taken up through Videoconferencing on account of outbreak of pandemic COVID-19.

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The petitioners have invoked the jurisdiction of this Court in terms of Articles 226/227 of the Constitution of India seeking prayer by way of writ of certiorari for quashing impugned orders dated 11.9.2018 (Annexure P/12) and 2.1.2019 (Annexures P/13 and P/14) and by way of writ of mandamus for issuance of directions to the respondents to fix the pension of the petitioners in consonance with the circular dated 13.4.2010 (Annexure P/3) and also to grant benefit of circular dated 24.2.2014 (Annexure P/5) with all the consequential benefits and to decide the legal notice dated 22.5.2017, Annexure P-10.

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DALBIR SINGH TIWANA 2021.12.19 22:00 I attest to the accuracy and integrity of this document

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CWP No. 25426 of 2021 (O&M)

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-2

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Notice of motion to the official respondents-State.

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Ms. Monica Chhibber Sharma, DAG, Punjab has put in appearance and accepts notice on behalf of the official respondentsState. Copy supplied.

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Upon hearing learned counsel of both the sides and on perusal of the records, the present petition stands disposed off with the directions to the official respondents to consider the legal notice dated 22.5.2017, Annexure P-10, as representation and decide the same, moved by the petitioner, in accordance with law, by passing a speaking order preferably within a period of one month from the date of receipt of certified copy of this order.

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If found entitled and if there is no impediment for the relief, the same be granted to the petitioner without any delay, as per law.

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The petition stands disposed off accordingly.

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( Fateh Deep Singh ) December 15, 2021 Judge 'tiwana'

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Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

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DALBIR SINGH TIWANA 2021.12.19 22:00 I attest to the accuracy and integrity of this document

Joginder Singh Khaira and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Joginder Singh Khaira and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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