Writ petition directed respondents to consider petitioner's service for pension arrears from appointment date. Court directed respondent to decide pending legal notice within one month.
Direction to respondent No.2 to decide pending legal notice dated 19.12.2022 within one month from receipt of certified copy of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
108
CWP No.1711 of 2023 Date of decision: 30.01.2023
VINAY KUMAR WADHWA
...Petitioner
Versus
STATE OF HARYANA AND OTHERS
...Respondents
CORAM : HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present: Mr. Ranjit Saini, Advocate for the petitioner.
RAJ MOHAN SINGH , J.(ORAL)
Petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus directing the respondents to consider the qualifying service rendered by the petitioner for the purpose of pension from the date of his appointment and not from the date of his contribution towards provident fund and to revise the pension and arrears of pension accordingly with interest.
Precisely for the claim in question, the petitioner has also served a legal notice dated 19.12.2022 (Annexure P-4) upon the respondents.
At this stage, learned counsel for the petitioner submits that the issue is covered by the judgment rendered by
POONAM BHATT 2023.01.30 16:57 I attest to the accuracy and authenticity of this Judicial Record/Decree/Document, which is scanned copy of the original
CWP No.1711 of 2023
-2-
this Court in CWP No.22558 of 2016 titled Suraj Prakash Bajaj vs. State of Haryana and others decided on 29.04.2019 and order of modification dated 16.10.2019 passed in the said case.
Learned counsel for the petitioner submits that the petitioner would be satisfied in case his legal notice dated 19.12.2022 is directed to be decided by the Competent Authority in accordance with law within a time bound manner.
Notice of motion.
On the asking of the Court, Ms. Palika Monga, DAG, Haryana. accepts notice on behalf of the respondents.
In view of the nature of prayer made by the petitioner, this writ petition is disposed of with a direction to respondent No.2 to take note of pending legal notice dated 19.12.2022 and decide the same in accordance with law, preferably within a period of one month from the date of receipt of certified copy of this order.
30.01.2023 (RAJ MOHAN SINGH) P.Bhatt JUDGE
Whether reasoned/speaking? Yes/No Whether reportable? Yes/No
POONAM BHATT 2023.01.30 16:57 I attest to the accuracy and authenticity of this Judicial Record/Decree/Document, which is scanned copy of the original
1 issue framed by the court
Whether the petitioner is entitled to directing the respondents to consider qualifying service for pension from the date of appointment.
VINAY KUMAR WADHWA
STATE OF HARYANA
RAJ MOHAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
