IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 8635 of 2007 ( O&M ) DATE OF DECISION : 04.08.2009 Balbir Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. B.S. Mittal, Advocate, for the petitioner. Mr. J.S. Puri, Addl. A.G., Punjab, for respondents No.1 to 5. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who has retired as Clerk from Municipal Council, Maur, on 30.4.2004, has filed the instant petition for issuing direction to the respondents to sanction and grant pension to him, in accordance with the Punjab Municipal Employees Pension and General Provident Fund Rules, 1994. It is the case of the petitioner that he was found eligible for the pension and the same was also sanctioned, but the only dispute remains as to whether the petitioner is entitled for pension while counting his service from the date of his appointment or from the date, when he started CWP No. 8635 of 2007 -2- contributing towards the Provident Fund. This petition was admitted on 16.7.2007. Now, the petitioner has filed an application (CM No. 9126 of 2009) for disposal of the writ petition, as according to him the controversy involved in the petition is squarely covered by the decision of this Court in CWP No. 1996 of 2001, decided on 18.8.2003, titled as Harjinder Singh versus State of Punjab, reported as 2003 (4) S.C.T. 1. Notice of this application was issued to counsel for the respondents. No one is present on behalf of respondent No.6. Counsel for the petitioner states that the writ petition filed by the petitioner may be disposed of with a direction to respondent No.6 to consider and decide the legal notice dated 16.3.2007 (Annexure P-3) after taking into consideration the aforesaid decision of this Court and the subsequent memo dated 9.11.2004 (Annexure P-5), issued by respondent No.2, for implementing the aforesaid decision. Counsel for respondents No.1 to 5 states that he has no objection if this petition is disposed of with the said direction. In view of the above, this petition is disposed of with a direction to respondent No.6 to consider and decide the legal notice dated 16.3.2007 (Annexure P-3), after taking into consideration the decision of this Court in Harjinder Singh versus State of Punjab, reported as 2003 (4) S.C.T., page 1 (Annexure P-4) and the subsequent memo dated 9.11.2004 (Annexure P-5), by passing a speaking order, expeditiously, preferably within a period of three months. If any amount of pension is found due to CWP No. 8635 of 2007 -3- the petitioner, the same shall be disbursed to the petitioner immediately. August 04, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE