Disposed

Harjinder Kaur v. State of Punjab and Others

Punjab & Haryana HC10 Mar 2021CWP/5612/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition without addressing merits, granting a direction to the respondent authorities to afford a personal hearing, consider additional documents, and issue a speaking order expeditiously to decide a representation regarding service counting for pensionary benefits within two months.

What did the court decide?

Direction to respondent No.2 to afford a personal hearing, consider additional documents, and decide the representation within two months by passing a speaking order.

Harjinder Kaur Vs State of Punjab… — Pension and Retirement Benefits | Punjab & Haryana HC (2021)

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116

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.5612 of 2021 (O&M) DATE OF DECISION: 10.03.2021

Harjinder Kaur

…..Petitioner

versus

State of Punjab and others .....Respondents

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CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

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Present: Mr. Ashish Goklaney, Advocate for the petitioner

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ALKA SARIN, J. (Oral):

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Heard through physical hearing.

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The prayer in the present petition under Articles 226/227 of the Constitution of India is for issuance of directions to the respondents to count the entire service rendered by the petitioner from 10.08.1992 to 12.05.1995 and 21.07.1995 to 12.05.1997 in Khalsa Senior Secondary School, Bathinda against leave vacancy, for the purposes of calculating increments and pensionary benefits with all consequential benefits after treating the same as qualifying service as the petitioner worked against an aided sanctioned post.

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Learned counsel for the petitioner would contend that in this regard the petitioner had sent a representation dated 25.01.2021 (Annexure P-10) to respondent No.2, however, no action has been taken on the same. The learned counsel would further contend that at this stage he limits his prayer and would be satisfied if a direction is issued to respondent No.2 to decide the representation Annexure P-10 in a time-bound manner. The petitioner, however, intends to furnish some additional documents for the effective disposal of the controversy in hand.

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Notice of motion.

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PARKASH CHAND 2021.03.11 06:12 I attest to the accuracy and integrity of this document

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CWP No.5612 of 2021

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-2-

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On the asking of the Court, Ms. Ambika Bedi, AAG, Punjab, who is present in Court, accepts notice on behalf of respondent Nos.1 to 3. In view of the fact that the present petition is not being decided on merits, the service of notice upon respondent No.4 is dispensed with.

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In view of the limited prayer made by the learned counsel for the petitioner, without commenting on the merits of the case, the present petition is disposed off with a direction to respondent No.2 to afford a personal hearing to the petitioner and also consider the additional documents, if any, supplied by the petitioner and thereafter decide the representation dated 25.01.2021 (Annexure P-10) in accordance with law by passing a speaking order expeditiously and, in any case, within a period of two months from the date of receipt of a certified copy of this order and in case the petitioner is found entitled to the benefits, as claimed, the same may be released to her within a period of two months thereafter.

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(ALKA SARIN) JUDGE

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10.03.2021 parkash

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NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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PARKASH CHAND 2021.03.11 06:12 I attest to the accuracy and integrity of this document

Harjinder Kaur v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Harjinder Kaur 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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