Allowed

Kuldeep Singh and Others v. State of Punjab and Another

Punjab & Haryana HC18 Nov 2024LPA/945/2023

Case brief

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What is this about?

The High Court, Chandigarh, while staying an arrears of salary interest Writ Petition, held the appeal. Delay in filing the appeal was condoned. The High Court disposed of the appeal and set aside the order dismissing the writ petition to give appellants liberty to approach the competent authority with specific details.

What did the court decide?

Delay of 116 days in filing appeal was condoned. Appellants were granted liberty to file a comprehensive representation before the competent authority with material details of the delay in payment wit

Kuldeep Singh and Others Vs State… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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LPA No.945 of 2023 (O&M) Date of Decision: 18.11.2024

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Kuldeep Singh and others

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…..Appellants.

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Versus

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State of Punjab and another

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.....Respondents.

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CORAM: HON’BLE MRS. JUSTICE LISA GILL HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA

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Present:Mr. Sumit Saddi, Advocate for appellants.

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Mr. Sartaj Singh Gill, Senior D.A.G, Punjab.

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LISA GILL, J . (Oral)

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CM-2414-LPA-2024

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Heard.

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For the reasons mentioned in the application as well as arguments addressed, delay of 116 days in filing the appeal is condoned.

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Application is, accordingly, disposed of.

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LPA-945-2023

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Prayer in this appeal is for setting aside order dated 22.02.2023 passed by learned Single Bench, whereby writ petition filed by present appellants (57 in number) was disposed of, while observing that though said writ petition is maintainable, however, keeping in view the fact that individual circumstances and details of each petitioner are different and not mentioned in the writ petition, petitioners are relegated to avail the

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alternate remedy.

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YAG DUTT 2024.11.21 10:50 I attest to the accuracy and authenticity of this order/judgment

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LPA No.945 of 2023 (O&M) -2-

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Appellants filed CWP No.29222 of 2022 seeking a direction to respondents to release interest @ 18% per annum on alleged delayed payments of arrears of salary/retiral benefits. It is stated that earlier, appellants had been constrained to file various writ petitions as detailed in para 3 of writ petition seeking release of certain pay scales. There was delay in the release of retiral benefits and arrears due to them, giving rise to their claim to interest thereon.

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Perusal of the writ petition as well as present appeal reveals that specific and material details of appellants necessary for adjudication of the matter are conspicuous by their absence in the writ petition. In the given circumstances, we do not find any ground to interfere in the impugned order dated 22.02.2023. Appellants are at liberty to file comprehensive representation before the authorities giving complete, material details including relevant specific dates to make out a case indicating delay in payment of arrears of salary/retiral benefits to them. In case such representation is submitted within four weeks from today, the same be considered by the competent authority in accordance with law by passing a speaking order.

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Appeal is, accordingly, disposed of.

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(LISA GILL) JUDGE

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(MEENAKSHI I. MEHTA) November 18, 2024 JUDGE Yag Dutt

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Whether speaking/reasoned: Yes Whether Reportable: No

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YAG DUTT 2024.11.21 10:50 I attest to the accuracy and authenticity of this order/judgment

Kuldeep Singh and Others v. State of Punjab and Another

Case brief

What is this about?

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Kuldeep Singh and Others v. State of Punjab and Another

Case brief

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