Judgment:
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No.5275 of 2013 Date of Decision:
13. 03.2013 Neena Kaura & others ………Petitioners Versus State of Punjab & others ………… Respondents ***** CORAM : HON’BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr.Sunny Singla, Advocate for the petitioneRs.***** AUGUSTINE GEORGE MASIH, J.(ORAL) Petitioners have approached this Court with a prayer that the services, which they had rendered in the Government Aided Schools on Aided posts, prior to their joining on regular Government service, have not been taken into consideration for counting the qualifying service for release of the retiral benefits, which they are entitled to in the light of the judgment passed by this Court in CWP No.14238 of 1991 titled as Sukhdev Singh and others versus State of Punjab and otheRs.decided on 10.3.2010 (Annexure P-9).Claiming the said benefits petitioners have served a legal notice dated 12.10.2012 (Annexure P-8) upon the respondents but till date no decision thereon has been taken or conveyed to the petitioneRs.Counsel for the petitioners states that the petitioners at this stage would be satisfied if a direction is issued to the Director Public Instructions (Secondary Education).Punjab-respondent No.2 to consider and decide the claim of the petitioners as projected by them in their legal notice dated 12.10.2012 (Annexure P-8) served by them upon the CWP No.5275 o”
2. respondents within some specified time.
Without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Director Public Instructions (Secondary Education).Punjab-respondent No.2 to consider and decide the claim of the petitioners as projected by them in their legal notice dated 12.10.2012 (Annexure P-8) within a period of five months from the date of receipt of certified copy of this order.
The decision so taken be conveyed to the petitioners forthwith.
In case, the petitioners are held entitled to the claim made by them through their legal notice dated 12.10.2012 (Annexure P-8).arreaRs.if any, be released to them, in accordance with law, within a further period of two months, which is restricted to 38 months prior to the service of the legal notice.
If the claim of the petitioners is not to be accepted, a well reasoned and speaking order be passed and conveyed.
13.03.2013 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE