The High Court of Punjab and Haryana disposed of a writ petition seeking quashing of an order declining 3rd ACP and retirement benefits. The court accepted the petitioner's counsel's request to withdraw the petition with liberty to file a fresh one.
Withdrawn with liberty to file a fresh petition with better particulars.
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.
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CWP No.2306 of 2018 (O&M)
108+213
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.16014-CWP of 2022 in/and CWP No.2306 of 2018 (O&M) Date of Decision: 12.01.2023
JOGINDER PAL
......Petitioner
Vs
STATE OF HARYANA & OTHERS
.....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Sanjeev Kumar Panwar, Advocate for the petitioner.
Mr. Tapan Kumar Yadav, D.A.G., Haryana.
RAJ MOHAN SINGH, J.(Oral)
The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of certiorari quashing the order dated 19.06.2017 whereby benefit of 3rd ACP with effect from the year 2010 and other retiral benefits after completion of more than 31 years of satisfactory service as per notification dated 30.12.2008 has been declined.
Evidently, the petitioner had retired on 31.03.2013 and at that time old instruction of 1998 were applicable wherein criteria was in the ratio of 10:20:30. The instructions dated
MOHMED ATIK 2023.01.13 14.29 I attest to the accuracy and authenticity of this order/judgment
CWP No.2306 of 2018 (O&M)
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04.03.2014 came into being only after the retirement of the petitioner.
Perusal of the pleadings would indicate that the petitioner has set up an additional case in the replication thereby seeking benefit of adhoc period while computing total length of his qualifying service.
Since there is no pleading and prayer to this effect, therefore, at this stage, learned counsel for the petitioner seeks to withdraw this writ petition with a liberty to file fresh petition with better particulars.
Dismissed as withdrawn with the liberty aforesaid.
| (RAJ | MOHAN SINGH) | ||
|---|---|---|---|
| January | 12**_,_** 2023 |
JUDGE | |
| Atik | |||
| Whether speaking/reasoned | Yes/No | ||
| Whether reportable | Yes/No |
MOHMED ATIK 2023.01.13 14.29 I attest to the accuracy and authenticity of this order/judgment
2 issues framed by the court
Whether to quash the order declining benefit of 3rd ACP and retirement benefits due to retirement before relevant instructions.
Whether to allow withdrawal of the writ petition with liberty to file a fresh petition with better particulars.
3 provisions across 3 enactments
Joginder Pal
State of Haryana
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
