Courtorderand Staterespondents

the the
of andwrit Articles werePump vear is of
on
Articles
the order
writ, to leave credit (paidpay @
or Mandamus
respondents
of rather It date
4 interest ordinary
for petitionersservice
2014-2020.
for lieu of
leaves , facts
Hon'ble the India of the
theirsuperannuation
arrears writ actual
India
under
of
the
India
under post their
in
in other of
of benefit at with residentsof between
nature earned extra
of days
direction
to lying alongwith this in citizen Court the from after
appropriate
Constitution benefits any fit of the year
PETITION emplotee
the the 450 leave 300
that deens
issue
case. the Constitution against retired that
that
And
/0R
are Hon'ble
are invoke grievances. dates the
their petitioners) this -SHOWETH:
in
especially
petitioners
issuance
of earned of consequential prayedto it
RESPECTFULLY
petitioners
are in herein
WRIT for
of payments 12% annum.
per pleased
as
of
Retired
they factsdepartment
were between
different
the an circumstances
encashment dates further direction to this mention
of of unutilized andentitledthe their brief They
CIVIL
226/227direction
issuance
the and -department
for
the grant the the be of dates
is, may the on
than and jurisdiction
of of
the 1977-1983
on to It or
ThatPunjabtherefore, That Operator to
redressal
226/227 THrelevant
different
joined
1; of 2..
og
2029222opy
CHANDIGARH
PHHC,
Randhawa
Ankur
ORIGINAL.
 CWP-4916-2024 [1) 2024:PHHC:029439

121
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CWP-4916-2024
Date of decision: 01.03.2024

Surinder Singh and others ..Petitioners

Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present: Mr. Baljeet Singh Sidhu, Advocate for the petitioners.

Ms. Akshita Chauhan, DAG, Punjab.

VIKAS BAHL, J. (ORAL)

1. This is a Civil Writ Petition filed under Article 226/227 of the

Constitution of India for issuance of a writ in the nature of mandamus

directing the respondents to grant petitioners the benefit of leave

encashment for 450 days in lieu of unutilized earned leave lving at their

credit on the dates of their superannuation rather than payments of 300

earned leaves (paid to the petitioners) alongwith arrears of pay and

consequential benefits with interest @ 12% per annum.
2 Learned counsel for the petitioners has submitted that for the

grievances raised by the petitioners in the present writ petition, the

petitioners had given legal notice dated 11.10.2023 (Annexure P-4) and they
would be satisfied at this stage, in case, the competent authority of
respondent No.1-State is directed to consider the said legal notice dated
11.10.2023 (Annexure P-4) in a time bound manner and in case, the pleas

PAWAN KUMAR
2024.03.21 16:57
Iattest to the accuracy and
authenticity of thís document
 CWP-4916-2024 [21 2024:PHHC:029439

raised by the petitioners are found to be meritorious then to grant

necessary
relief in accordance with law.
3 Learned State Counsel has submitted that the competent
authority of respondent No.1-State would consider the said legal notice
dated 11.10.2023 (Annexure P-4) in accordance with law, as expeditiously

as possible preferably within a period of six weeks from the date of receipt
of certified copy of the present order.
4 Keeping in view the abovesaid facts and circumstances, the
present Civil Writ Petition is disposed of with direction to the competent
authority of respondent No.1-State to consider legal notice dated 11.10.2023
(Annexure P-4) in accordance with law within a period of six weeks from
the date of receipt of certified copy of the present order and in case, the
pleas raised by the petitioners are found to be meritorious then the

competent authority would grant necessary relief, in accordance with law

and in case, the competent authority is of the opinion that the pleas raised
by the petitioners are not meritorious then a speaking order rejecting the
same be passed within a period of six weeks from the date of receipt of
certified copy of the present order.
5 This Court has not opined on the merits of the case and the

competent authority of respondent No.1-State would consider the case of

the petitioners independently, in accordance with law.

01.03.2024 (VIKAS BAHL)

Pawan JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

PAWAN KUMAR
2024,03.21 16:57
Iattegt to the accuracy and
3utherticíty of this doCument
 Urgentiordinary PaktonN6236/
Express
Date o' prescntatipr oi
No. cf Payes efbdcuments - - O
Total No. of pages issued against Petitidn p.
Per page Charges:
pto 10 pages
(1) Express (initialfee Rs.100/-
and Rs. 10/- per page thereafter)
Rs.300Apto 20 açes
(2)Urgent (nitial fee

lR. per paye

Total Cst Rs...
Ailanca Depesiltd.

Rcuisaiion & Postage harges.. eere a

deíecis.. am
ænie ai roiication of lhe
Date of rectificaion of defects,
Date of preparation of
Copy.
Copy.
032y
Date of Delivery of

Gourr

eHi
Pusia