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(2021) Law Today Live Doc. Id. 16074
Decided on: 24.03.2021
Present:
Mr. Vikram Sheoran, Advocate for the petitioner
Constitution of India, Article 226 -- Daily wage sweeper – Pension – Right of -- Petitioner was appointed as a Sweeper on daily wage basis in the year 1986 against the sanctioned post and retired in the year 2017 -- Similarly situated employees are entitled for grant of pension but not granted to the petitioner on the ground that she did not apply for the pension scheme -- Writ petition disposed of with a direction to respondent No. 2 to decide the pending legal notice by keeping in view the legal provisions as well as judgment passed in CWP No.3500 of 2018.
(Para 1-5)
Cases referred:
1. Nandu vs. State of Haryana and others, CWP No.3500 of 2018 dated 04.03.2020 (P&H).
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SUDHIR MITTAL, J. (ORAL) –
1. The petitioner was appointed as a Sweeper on daily wage basis in the year 1986 against the sanctioned post. She retired in the year 2017. Similarly situated employees are entitled for grant of pension but the same benefit has not been granted to the petitioner on the ground that she did not apply for the pension scheme. It is further submitted that identical matter viz. CWP No.3500 of 2018 Nandu vs. State of Haryana and others has been allowed vide judgment dated 04.03.2020 and legal notice dated 17.12.2020 (Annexure P-8) has been sent based on the aforementioned judgment but no action is being taken thereupon.
2. Notice of motion.
3. Mr. Sanjay Mittal, Addl. A.G. Haryana accepts notice on behalf of the respondents and waives service.
4. Considering the nature of the order being passed there is no necessity of filing a written statement.
5. The writ petition is disposed of with a direction to respondent No. 2 to decide the pending legal notice dated 17.12.2020 (Annexure P-8) by keeping in view the legal provisions as well as judgment dated 04.03.2020 passed by this Court in CWP No.3500 of 2018 and by passing a speaking order within eight weeks from the date of receipt of certified copy of this order.
Order accordingly.
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