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(2021) Law Today Live Doc. Id. 16335 = 2021(2) L.A.R. 477
Decided on: 15.07.2021
Present:
Mr. Sandeep Takhan, Advocate, for the petitioners
Constitution of India, Article 226 -- Daily wages period – Counting for pensionary/retiral benefits – Writ for mandamus -- Writ seeking mandamus directing the respondents to count daily wages/work charge services for the purpose of pensionary benefit/retiral benefits to the petitioners, which rendered prior to regularization, along with interest @ 24% per annum – Petition disposed of with a direction to respondent No.1 to decide the legal notice of the petitioners and take a conscious decision thereon by passing a speaking order; within a period of 3 months -- If the petitioners are found entitled to any pecuniary benefits; then the said pecuniary benefits shall also be released to the petitioners within a further period of 3 months.
(Para 1-6)
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RAJBIR SEHRAWAT, J. (ORAL) –
1. This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to count daily wages/work charge services for the purpose of pensionary benefit/retiral benefits to the petitioners, which rendered prior to regularization, along with interest @ 24% per annum.
2. At the outset, counsel for the petitioners submits that, at this stage, the petitioners would be satisfied if the respondents take a conscious decision on the legal notice of the petitioners dated 28.2.2021 (Annexure P-4) and pass a speaking order thereon, within a time frame.
3. Notice of motion.
4. Mr. Rajesh Gaur, Addl. AG, Haryana accepts notice on behalf of the respondents. Even counsel for the respondents is not averse to the expeditious disposal of the claim of the petitioners.
5. In view of the above, the present petition is disposed of with a direction to respondent No.1 to decide the legal notice of the petitioners dated 28.2.2021 (Annexure P-4) and take a conscious decision thereon by passing a speaking order; within a period of 3 months from the date of receipt of the certified copy of this order.
6. It is further ordered that if the petitioners are found entitled to any pecuniary benefits upon such a conscious decision; then the said pecuniary benefits shall also be released to the petitioners within a further period of 3 months; from the date of such conscious decision of the authorities.
Order accordingly.
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