KASHMIR SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS
CWP/27671/2025 · 2025-09-17
N S Shekhawat
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101381 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101381 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
132
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27671-2025 Date of Decision:17.09.2025 Kashmir Singh and Others
…Petitioners Vs. State of Punjab and others
…Respondents
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Neeraj Sharma, Advocate for the petitioners. *** N.S.Shekhawat J. (Oral)
1. The petitioners have filed the present writ petition under Article 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Mandamus directing respondents to release the benefit of leave encashment to the petitioners for the period rendered by them on work charge basis followed by regularization, in view of the law laid down by this Court in CWP-19425- 2017, titled as “Sikander Singh Vs. State of Punjab and Others” , decided on 10.02.2025 (Annexure P-3), which has been duly upheld by a Division Bench of this Court in LPA-2136-2025 (O&M), titled as “State of Punjab and Others. Vs. Sikander Singh” (Annexure P-4). A further prayer has been made to release the arrears of leave encashment along with interest @ 18% per annumn.
2.
Learned counsel for the petitioners submits that the petitioners have already served a legal notice dated 27.06.2025 (Annexure P-5) to the official respondents and he shall be satisfied in case, appropriate directions are issued to the respondents to decide the legal notice dated 27.06.2025 (Annexure P-5) in a time bound manner.
3. Notice of motion. HITESH 2025.09.17 18:20 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
CWP-27671-2025 -2
4. On the asking of the Court, Mr.Swapan Shorey, DAG, Punjab, who is present in the Court, accepts notice on behalf of the official respondents and has no serious objection to the limited prayer made by learned counsel for the petitioners, at this stage.
5. I have heard learned counsel for the parties and perused the record carefully.
6. At this stage, it would be appropriate to direct the respondent No.1 to decide the legal notice dated 27.06.2025 (Annexure P-5) in view of the law laid down by this Court in CWP-19425-2017 (O&M), titled as “Sikander Singh Vs. State of Punjab and Others” , decided on 10.02.2025 (Annexure P-3), which has been duly upheld by a Division Bench of this Court in LPA-2136-2025 (O&M), titled as “State of Punjab and Others. Vs. Sikander Singh” (Annexure P-4) within a period of four months from the date of receipt of certified copy of this order.
7. Needless to observe that the respondent No.1 shall pass a speaking and well reasoned order in the light of the above referred judgments as well as relevant rules/instructions and in case, it is found that the petitioners are entitled to any relief, consequential benefits may also be released to the petitioners, forthwith, along with reasonable rate of interest.
8.
Disposed of.
(N.S.SHEKHAWAT) 17.09.2025
JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.09.17 18:20 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh