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Judgment
NAMIT KUMAR, J. (ORAL)
The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of certiorari, declaring the action of the respondents in covering the case of the petitioner under New Defined Contributory Pension Scheme instead of Old Pension Scheme after regularization of her services in view of order dated 15.03.2024 (Annexure P-4) and despite the fact that the petitioner is entitled to get her entire part-time service w.e.f. 29.03.1986 to 14.03.2024 followed by regular service towards pensionary benefits and therefore quashing the offending Clause No.7 incorporated in her aforesaid regularization order. Further, a writ of mandamus has been sought directing the respondents to count the entire part-time service of the petitioner w.e.f. 29.03.1986 to 14.03.2024 followed by regular service towards pensionary benefits and accordingly to release her pensionary benefits under Old Pension Scheme as per provisions contained in Punjab Civil Services Rules Vol.-II on account of her retirement on 30.04.2024 on attaining the age of superannuation and to release the consequent arrears thereof along with interest thereon @ 12% per annum.
Learned counsel for the petitioner submits that for redressal of her grievances, the petitioner has also served legal notice dated 23.06.2026 (Annexure P-7) to the respondents which is still pending consideration. He further submits that at this stage, the petitioner would be satisfied, if appropriate directions are issued to the respondents to consider and decide the said legal notice, by passing a speaking order, in a time bound manner.
Notice of motion.
Mr. Akash Vashisth, Advocate, accepts notice on behalf of the respondents. He has no objection to the innocuous prayer made by learned counsel for the petitioner.
I have heard learned counsel for the parties and have gone through the record of the case.
Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.1 to consider and decide legal notice dated 23.06.2026 (Annexure P-7), submitted by the petitioner expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioner, preferably within a period of 03 months from the date of receipt of certified copy of this order. Further, the decision taken thereon shall be conveyed to the petitioner.