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Judgment
8 paragraphs · 371 wordsHarpreet Singh Brar, J
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 CERTIORARI seeking setting aside of the letter dated 23.10.2024 (Annexure P-16), vide which the respondent-PSPCL has approved the agenda with regard to retired employees to the effect that actual salary of regular employees be paid to them after re-fixation, only from the date of issuance of appointment letter and not from 10.04.2006 and further to issue a writ in the nature of MANDAMUS directing the respondents to take back the petitioner in service by correcting his date of birth in the record as 03.04.1970 instead of 10.04.1965 and to grant all the consequential benefits along with interest@12% per annum from due date till its actual realization.
Learned counsel for the petitioner submits that at this stage, the petitioner would be satisfied, if the legal notice dated 24.11.2025 (Annexure P-9) is decided by respondent No.1, by passing a speaking order, after affording an opportunity of hearing, in a time bound manner.
Notice of motion.
Mr. Vikas Chatrath, Sr. Advocate, assisted by Ms. Haridhi Aggarwal accepts notice on behalf of respondent No.1 while Mr. Mehtab Singh Bhatti, Advocate accepts notice on behalf of respondents No.2 & 3 and files Memorandum of Appearance, which is taken on record. They have no objection, in case a direction is issued to respondent No.1 to consider and decide the legal notice dated 24.11.2025 (Annexure P-9), in a time bound manner, by passing a speaking order.
In view of the limited prayer made by learned counsel for the petitioner, present petition is disposed of and respondent No.1 is directed to consider and decide the legal notice dated 24.11.2025 (Annexure P-9) 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.
Further, the decision taken on the legal notice dated 24.11.2025 (Annexure P-9) shall be conveyed to the petitioner.
Needless to say, if the petitioner is found entitled to the relief sought, the same be granted to him forthwith by the competent authority.