Narinder Singh and Others vs State of Punjab and Others

Ajay Tewari, J.—Notice of motion.

Ms. Kavita Arora, learned Assistant Advocate General, Punjab accepts notice on behalf of the respondents.

Learned counsel for the petitioners undertakes to supply six copies of the petition to the learned Assistant Advocate General during the course of the day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

Having regard to the nature of the order which I propose to pass, there is no necessity to call upon the respondents to file their counter-reply(ies)/affidavit(s), at this stage.

The petitioners seek a direction to the respondents to count their daily wage service towards qualifying service for the purpose of their eligibility to pension. Reliance is placed upon a Division Bench judgment of this Court dated 29.8.2011 passed in C.W.P. No. 9112 of 2010, Talwinder Singh and Others v. State of Punjab and Others.

Having heard learned counsel for the parties and considering the relief sought by the petitioners but without expressing any views on their entitlement, I deem it appropriate to dispose of this writ petition with a direction to the respondents to consider the claim of the petitioners in the light of the Division Bench decision of this Court in Talwinder Singh and others v. State of Punjab and others (supra). It is directed that in case the petitioners'' claim is found covered under the aforesaid decision, the consequential benefits shall be given notionally. However, if the respondents find that the claim of the petitioners is distinguishable, they shall dispose of it by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.

Ordered accordingly.

A copy of this order be given dasti to the learned Assistant Advocate General, Punjab under the signatures of the Court Secretary.