Khazan Singh Vs State of Punjab and Others

Learned counsel for the petitioner argues that once, the petitione r was to be given appointment o n compassionate grounds kee p ing in view the death of his father on 11.10.2000 and his claim for compassi o nate appointment had already been approved by the compe t ent authorities in 2001 merely that the actu a l appointment letter was issue d on 28.06.20 0 4, the right of the petitioner to b e governed under the Old Pen s ion Scheme c annot be taken away.

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Learned counsel for the p etitioner submits that once, the approval of claim for the appointment on compassionate ground prio r to 01.01.20 0 4 and the issuance of appoi n tment order was only a pro c ess forwarde d after the approval by the competent authority hence, the petiti o ner has to be treated as under Old Pension Scheme and not under New Pen s ion Scheme h ence, the respondents are liab l e to be directed to grant the s aid benefit to the petitioner under the Old Pe n sion Scheme. 3. Learned counsel for the pe t itioner submits that the grieva n ce being rai s ed by the petitioner has alrea d y been raised in the legal no t ice

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SAPNA GOYAL 2025.05.12 18:10 I attest to the accuracy and integrity of this document

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-2-

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CWP-13477-2025

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dated 20.06.2024, copy of which has been appended as Annexure P-9 but the same is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound manner.

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4 Notice of motion.

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On the asking of the Court, Mr. T.P.S Chawla, Sr. DAG Punjab

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accepts notice on behalf of the respondent-State and submits that in case, the legal notice dated 20.06.2024 (Annexure P-9) has been received in the office of the concerned authorities and the same is still pending consideration with the authorities concerned, the same will be decided by the competent authority within a period of eight weeks from the date of the receipt of certified copy of this order by passing an appropriate speaking order. Learned counsel further submits that in case, it is found feasible to accept the claim of the petitioner, the same will be accepted, otherwise due reasons will be mentioned for not accepting the claim of the petitioner in the speaking order to be passed and the said order will be duly conveyed to the petitioner.

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Learned counsel for the petitioner submits that keeping in view the statement of learned counsel for the respondent-State, the present petition may kindly be disposed of having been not pressed any further.

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Ordered accordingly.

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12-05-2025 (HARSIMRAN SINGH SETHI) Sapna Goyal JUDGE

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NOTE: Whether speaking: YES Whether reportable: NO

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SAPNA GOYAL 2025.05.12 18:10 I attest to the accuracy and integrity of this document

Khazan Singh v. State of Punjab and Others

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Khazan Singh v. State of Punjab and Others

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