Lekh Raj Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

Lekh Raj Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to decide the legal notice dated 30.01.2024 (Annexure P-6) within 4 months taking note of Jeewan Lata v. State of Punjab, 2019(3) PLR 474; benefits to be granted forthwith if the petitioner is found entitled after notice and hearing; adverse orders to be reasoned, leaving the petitioner free to seek legal redress.

Issue for consideration

Whether the petitioner is entitled to release of pensionary benefits (gratuity, leave encashment, pension etc.) with interest @ 18% per annum by counting his service rendered prior to regularization on part-time basis from 01.09.1974 to 17.04.2015, in terms of Jeewan Lata v. State of Punjab, 2019(3) PLR 474.

Court's answer

Without commenting upon the merits of the case, the petition is disposed of with a direction to the respondents to decide the legal notice dated 30.01.2024 (Annexure P-6) taking note of the Jeewan Lata judgment within a period of 4 months, addressing it in a just, fair and reasonable manner.

Ratio / Principle

The decision on the legal notice is to be taken after notice to and hearing of the petitioner; if he is found entitled, the benefits are to be granted forthwith.

Key takeaways

Any order adverse to the petitioner's interest must contain reasons, and the petitioner shall remain free to seek legal redress thereafter.ratio¶15

Detailed headnote1 paragraphs

Punjab & Haryana High Court, CWP-7395-2025 (O & M), decided 18.03.2025 (Aman Chaudhary, J., oral): Petitioner Lekh Raj sought release of pensionary benefits - gratuity, leave encashment, pension etc. - with interest @ 18% per annum by counting service rendered prior to regularization on part-time basis from 01.09.1974 to 17.04.2015, relying on Jeewan Lata v. State of Punjab, 2019(3) PLR 474; his legal notice dated 30.01.2024 (Annexure P-6) had drawn no response. With the State counsel raising no objection, the Court, without commenting on merits, disposed of the petition, directing the respondents to decide the notice within 4 months keeping the Jeewan Lata judgment in view, after notice and hearing, granting benefits forthwith if found entitled; adverse orders must carry reasons and the petitioner remains free to seek legal redress.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

147 CWP-7395-2025 (O & M) Date of decision: 18.03.2025

Lekh Raj

....Petitioner

Versus

State of Pu n jab and Others

...Respondents

CORAM: H ON’BLE MR. JUSTICE AMA N CHAUDHARY

Present : Mr. Randhir Singh Manhas, A d vocate, for the petitioner.

Mr. Satnam Preet Singh Chau h an, DAG, Punjab.

AMAN CHAUDHARY, J. (ORAL)

Prayer made in the present petition is for directing the respondent s to release the pensionary benefits, including gratuity, leave encashmen t , pension etc., alongwith int e rest @ 18% per annum by counting t h e service rendered by the petitioner prior to regularization on part time b asis from 01.09.1974 to 17. 0 4.2015, with regard to which reliance is placed on Jeewan Lata vs. State of Punjab and others, 2019(3) PLR 474. Regarding the claim ra i sed in the present case , a legal notice dat e d 30.01.2024, Annexure P-6 , has been served upon the respondent s , which has yet not evoked any response. Learned counsel, on instruction s , prays that a direction be give n to the respondents to decide the same k eeping in view the abovesai d judgment, in a time bound manner, to w hich learned State counsel has no objection.

PARVEEN KUMAR 2025.03.19 10:11 I attest to the accuracy and integrity of this order/judgment.

CWP-7395-2025 -2-

In view of the above and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to decide the legal notice dated 30.01.2024, Annexure P- 6, taking note of the afore-judgment, within a period of 4 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to him and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to his interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon.

18.03.2025 (AMAN CHAUDHARY) parveen kumar JUDGE

Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

PARVEEN KUMAR 2025.03.19 10:11 I attest to the accuracy and integrity of this order/judgment.