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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111 CWP-22232-2025 Date of Decision : August 4, 2025 DILBAGH SINGH .....Petitioner VERSUS STATE OF PUNJAB AND OTHERS .....Respondents
CORAM: HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Daljeet Singh Randhawa, Advocate for Ms. Ravinder Kaur Manaise, Advocates for the petitioner. Mr. Puru Jarewal, DAG, Punjab. Mr. Vikram Preet Arora, Advocate for respondent No.3. **** ROHIT KAPOOR
, J. [Oral]
Present petition has been filed under Article 226 of the Constitution of India, for issuance of a writ in the nature of certiorari, for quashing/modifying the impugned speaking order dated 09.06.2025 [Annexure P-9], passed by respondent No.3, whereby the only partial relief was granted to the petitioner and the period from 21.08.1988 till the date of regularization i.e. 25.07.1991, was not considered towards qualifying service for the purpose of pension and retiral benefits and for release of consequential benefits including interest on the delayed payment, as per law laid down by the Full Bench of this Court in Kesar Chand Versus State of Punjab, 1988 (5) SLR 27.
2.
Learned counsel for the petitioner inter alia contends that the relief sought by the petitioner could not have been denied, in view of the ratio of the
judgment of Full Bench of this Court in Kesar Chand [supra] and in view of the
Full Bench judgment of this Court in A.J. Randhawa Versus State of Punjab, 1998 (1) SCT 343.
3. Notice of motion.
4. Mr. Puru Jarewal, DAG, Punjab, accepts notice on behalf of respondents No.1 & 2, while Mr. Vikram Preet Arora, Advocate, accepts notice on behalf of respondent No.3, and waive service.
5.
Learned counsel appearing on behalf of respondent No.3, submits on instructions, that respondent-Municipal Council shall withdraw the impugned
order dated 09.06.2025 [Annexure P-9], to the extent it rejects the claim made by petitioner in the present petition, and shall decide his claim afresh, strictly in accordance with law and keeping in view the ratio of the judgments of this Court.
6. Keeping in view the statement made by learned counsel for respondent No.3 and without commenting upon the merits of the claim raised by the petitioner, the present petition is disposed of with a direction to respondent No.3, to decide the claim of the petitioner afresh, in accordance with law, as expeditiously as possible, and not later than 8 weeks from the date of receipt of a certified copy of this order.
7. Needless to say that the respondent corporation, while deciding the claim of the petitioner, shall provide due notice and opportunity of hearing to the petitioner and shall pass a reasoned/speaking order.
8.
Disposed of in the aforesaid terms.
(ROHIT KAPOOR) August 4, 2025 JUDGE chiranjeev Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AJAY KUMAR 2025.08.08 12:07 I attest to the accuracy and integrity of this document Chandigarh