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2025 DAILYLAW 64040 (PNJ)

AVTAR SINGH AND ORS v. STATE OF PUNJAB AND OTHERS

CWP/18882/2021 · 2025-07-03

Harsimran Singh Sethi

Special Leave Petitionbody2025

Judgment text

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CM-8741-CWP-2025 in/and CWP-18882-2021 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (108) CM-8741-CWP-2025 in/and CWP-18882-2021 Date of Decision : July 03, 2025 Avtar Singh and others .. Petitioners Versus State of Punjab and others .. Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Dinesh Maurya, Advocate, for the petitioners. Mr. T.P.S. Chawla, Sr. Deputy Advocate General, Punjab. Mr. Rajesh Hooda, Advocate, for respondents No. 2 and 3. HARSIMRAN SINGH SETHI J. (ORAL) CM-8741-CWP-2025 Present application has been filed for disposal of the main writ petition in view of the judgment dated 28.03.2025 passed by the Division Bench of this Court in CWP No.14622 of 2023 titled as Employees Provident Fund Pensioners Vs. Union of India and others. Notice of the application to the counsel opposite. Mr. T.P.S. Chawla, Sr. Deputy Advocate General, Punjab, who is present in the Court, accepts notice on behalf of respondent-State and Mr. Rajesh Hooda, Advocate, accepts notice on behalf of respondents No. 2 and 3. They raise no objection for the grant of prayer as made in the present application. HARSHA RANI 2025.07.04 09:38 I attest to the accuracy and integrity of this document CM-8741-CWP-2025 in/and CWP-18882-2021 2 Keeping in view the averments made in the application, which are duly supported by an affidavit, the application is allowed and on the joint request of learned counsel for the parties, the main writ petition is taken up for hearing today itself. CWP-18882-2021 1. Learned counsel for the petitioners submits that the claim which is being raised by the petitioners in the present writ petition is covered by the judgment of the Hon’ble Supreme Court of India in Civil Appeal No.10013-10014 of 2016 arising out of SLP (C) No.33032-33033 of 2015 titled as R.C. Gupta and others vs. Regional Provident Fund Commissioner Employees Provident Fund Organization and others, decided on 04.10.2016 and the respondents be directed to consider the claim of the petitioners in light of the said judgment and grant the benefit admissible. 2. Learned counsel for the respondents submits that appropriate consideration will be given to the claim of the petitioners in light of the judgment in R.C. Gupta’s case (supra) and appropriate speaking order on the claim of the petitioners will be passed by the competent authority within a period of four months from the date of receipt of copy of this order and in case it is found that the claim of the petitioners is covered, the benefit will be granted to them otherwise due reasons will be mentioned in the speaking order to be passed for not accepting the claim of the petitioners, which reasons will be conveyed to the petitioners for their information and necessary action. HARSHA RANI 2025.07.04 09:38 I attest to the accuracy and integrity of this document CM-8741-CWP-2025 in/and CWP-18882-2021 3 3. Learned counsel for the petitioners submits that keeping in view the statement of learned counsel for the respondents, the present writ petition may kindly be disposed of having been not pressed any further. 4. Ordered accordingly. July 03, 2025 (HARSIMRAN SINGH SETHI) harsha JUDGE Whether speaking/reasoned : Yes Whether reportable : No HARSHA RANI 2025.07.04 09:38 I attest to the accuracy and integrity of this document