DES RAJ SHARMA AND OTHERS v. THE PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS
CWP/837/2025 · 2025-01-15
Deepak Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12271 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12271 (PNJ) · dailylaw.ai ]
Judgment text
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-1- CWP-837-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 125 CWP-837-2025 Date of decision: 15.01.2025 DES RAJ SHARMA AND OTHERS ......Pe**oners Versus THE PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS ......Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: - Mr. Subhash Kumar, Advocate for the peoners.
DEEPAK GUPTA, J. (ORAL)
Present peon has been filed under Arcles 226/227 of the Constuon of India praying for issuance of writ in the nature of mandamus direcng the respondents to release the arrears of revised pay/pension of the peoners from 01.01.2016 to 30.06.2021 and arrears of other pensionary benefits on account of revised pay from 01.01.2016 to 30.06.2021 along with interest at the rate of 18% w.e.f. 01.07.2021 ll realizaon of the same on the basis of implementaon of Sixth Pay Commission implemented w.e.f. 01.01.2016 by the respondent No.2- Department of Finance, Government of Punjab. Further direcon has been sought to the respondents to revise and re-fix the pension of the peoners by taking into account 125% DA instead of 113% DA and therea6er grant 15% of minimum benefit w.e.f. 01.01.2016 along with all consequenal benefits of the pension/family pension as on 31.12.2015 including the arrears w.e.f. 01.01.2006 ll 30.06.2021 along with interest @ 18% per annum.
2.
Learned counsel for the peoners submits that the peoners rered from service on a:aining the age of superannuaon prior to 01.01.2016. However, their arrears of revised pay/pension and other reral benefits w.e.f. 01.01.2016 to 30.06.2021 based on the recommendaons of the Sixth Pay Commission have not been paid. PRIYANKA 2025.01.15 17:29 I attest to the accuracy and integrity of this document
-2- CWP-837-2025
Learned counsel submits that at this stage, peoners would be sasfied, if the representaon dated 07.08.2024 (Annexure P-5) is considered and decided by passing a speaking order in a me-bound frame.
3. Noce of moon.
4. Mr. Gurnoor Singh Sethi, Advocate, accepts noce on behalf of respondents No.1, 3, 4 and 5 and Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts noce on behalf of respondent No.2-State and have no objecon to the innocuous prayer made by learned counsel for the peoners.
5. I have heard learned counsel for the pares and have gone through the record of the case.
6. Without expressing any opinion on the merits of the case or the claim being made by the peoners in the present peon, respondent No.2 is directed to consider and decide the claim made by the peoners in representaon dated 07.08.2024 (Annexure P-5) in accordance with law, by passing a speaking order within a period of three months from the date of receipt of cerfied copy of this order. In case, the peoners are found entled, necessary benefits be released within a period of three months therea6er.
7. The peon stands disposed of.
(DEEPAK GUPTA) 15.01.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No PRIYANKA 2025.01.15 17:29 I attest to the accuracy and integrity of this document