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2025 DAILYLAW 87136 (PNJ)

KRISHAN LAL v. STATE OF PUNJAB AND OTHERS

CWP/24552/2025 · 2025-08-25

Harpreet Singh Brar

body2025

Judgment text

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CWP-24552-2025 -1- 117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24552-2025 (O&M) Date of decision: 25.08.2025 Krishan Lal ... Petitioner Vs. State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Amardeep Singh Mann, Advocate and Ms. Preeti, Advocate for the petitioner. ******* HARPREET SINGH BRAR, J. (ORAL) 1. Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.4 to release the pensionary benefits, General Provident Fund and gratuity of the petitioner, in terms of the notifications dated 22.05.2025 (Annexure P-6) and 23.06.2025 (Annexure P-8) issued by the Department of Finance, Government of Punjab. 2. Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by the judgment rendered by VISHNU 2025.08.26 13:17 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-24552-2025 -2- the Division Bench of this Court in Ranjeev Kumar Vishisht and others Vs. State of Punjab and others, CWP-9048-2024, decided on 26.05.2025. The Division Bench of this Court relied upon the notification dated 22.05.2025 (Annexure P-6), wherein it is interpreted, if the request by the legal heir for appointment on compassionate ground was received before 01.01.2004, then the benefit of old pension scheme would be extended. 3. Learned counsel for the petitioner submits that at this stage, the petitioner would be satisfied if the representation dated 28.06.2025 (Annexure P-10) submitted by him is decided by respondent No.4 by passing a speaking order, after affording an opportunity of hearing, in a time bound manner. 4. Notice of motion. 5. Mr. Vikas Arora, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondents No.1 to 4-State and Mr. Mohit Shukla, Advocate appears on behalf of respondent No.4 and files Memorandum of Appearance in the Court today, which is taken on record. Registry is directed to tag the same at the appropriate place of the case file. 6. Learned counsel for respondent No.4 could not controvert the fact that case of the petitioner is squarely covered by the judgment passed the Division Bench of this Court in Ranjeev Kumar Vishisht’s case (supra). He submits that claim of the petitioner would be considered in terms of the aforesaid judgment and has no objection, in case a direction is issued to VISHNU 2025.08.26 13:17 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-24552-2025 -3- respondent No.4 to consider and decide the representation dated 28.06.2025 (Annexure P-10) in a time bound manner, by passing a speaking order. 7. In view of the limited prayer made by learned counsel for the petitioner, present petition is disposed of and respondent No.4 is directed to consider and decide the representation dated 28.06.2025 (Annexure P-10) in terms of the judgment passed the Division Bench of this Court in Ranjeev Kumar Vishisht’s case (supra) and pass a speaking order, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of certified copy of this order. 8. Further, the decision taken on the representation dated 28.06.2025 (Annexure P-10) shall be conveyed to the petitioner. 9. Needless to say, if the petitioner is found entitled to the relief sought, the same be granted to him forthwith by the competent authority. [ HARPREET SINGH BRAR ] 25.08.2025 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2025.08.26 13:17 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh