High Court of Punjab and HaryanaCWP/300/2019disposed of

Veer Chand v. State Of Punjab And ORS

2019-01-10Mr. Justice Harsimran Singh Sethi2 pages

CWP-300-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-300-2019 Date of decision: - 10.01.2019 Veer Chand ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Surinder Garg, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the petitioner is claiming the interest on the delayed payments.

As per the averments made in the writ petition, the petitioner retired as a DSP from Punjab Police on 31.05.2017. Counsel for the petitioner states that nothing has been paid to the petitioner on the retirement and it was only after a period of seven months, an amount of the gratuity was paid. Further, the leave encashment was paid to the petitioner in March, 2018 and the GPF and GIS were paid in October, 2017 and February, 2018 respectively. Hence, the petitioner is entitled for the interest on the delayed payments keeping in view the law laid down by a Full Bench of this Court in A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468. NARESH KUMAR 2019.01.14 12:39 I attest to the accuracy and integrity of this document Chandigarh

CWP-300-2019 -2Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served respondents with a legal notice on 28.10.2018 (Annexure P-2), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice. In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 28.10.2018 (Annexure P-2) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) January 10, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.01.14 12:39 I attest to the accuracy and integrity of this document Chandigarh