Vinod Kumar v. State Of Punjab And ORS
!
"#
!$%&%"'( )* *
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present :
Mr. Dinesh Mahajan, Advocate for the petitioner.
! "#"
"$ &' Mr. Birinder Pal, Advocate for respondent No.4. HARPREET SINGH BRAR , J. (Oral) CM-4021-CWP-2026 in CWP-1464-2022 The present application has been filed under Order 1 Rule 10(2) of CPC for substituting respondent no. 2, Punjab Water Supply and Sewerage Board through its Managing Director/Chairman, Plot No. 1, Sector 27-A, Chandigarh.
Learned counsel for the applicant-petitioner submits that the petitioner has inadvertently arrayed and served Department of Water and Sanitation, Punjab Civil Secretariat, Chandigarh as respondent no. 2 instead of Punjab Water Supply and Sewerage Board through its Managing Director. He seeks for substitution of respondent no. 2 as Punjab Water Supply and
Sewerage Board through its Managing Director. In view of the grounds mentioned in the application, the same is allowed, as prayed for, subject to all just exceptions. Amended Memo of Parties is taken on record.
Registry is directed to tag the same at the appropriate place. CWP-1464-2022 1.
The present petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari seeking quashing of impugned order dated 28.09.2021 (Annexure P-6) passed by respondent no. 4, whereby the petitioner's claim has been rejected. Further, a writ of mandamus has been sought for directing the respondents to consider the claim of the petitioner for release of remaining benefits along with interest thereon from the date the said amount became due till its actual payment.
2.
Learned counsel for the petitioner inter alia contends that the issue involved in the present case is regarding entitlement of the petitioner to interest on account of delay in releasing his retiral dues. Learned counsel further refers to the instructions issued by Punjab Government dated 19.08.2016 and submits that in case an employee gets transferred from one place to another upon his retirement, the amount of gratuity/pension etc was to be claimed from the entity he last served, whether being a trust or the municipal committee. Further there is no dispute with regard to the fact that petitioner got retired on 31.08.2016 and was granted extension for two years i.e. upto 31.08.2018, whereas his retiral dues were issued in installments. The first installment was paid in October, 2020 and the last installment was
paid in April, 2021. As such the petitioner is entitled to interest on account of delay. Learned counsel %'( ) )"!
"* +%"$*! ""
'* )"% ) ", % !"("
- )"%$$"
!)- ).%
!
"#"* 3.
Learned State counsel as well as learned counsel for respondent no. 4 are not in a position to controvert the aforesaid facts and the delay in releasing the retiral dues. / ) ")" $" " !% "$- )", " ,"%" )"
"! 0 ) )"'$" !" ,% " ) )","
""
"
12345326 07
" "8 "
- 0*"" !""%, 12345324 " " )"" "-"
"("
)""0 ,"
!,$ *!( $,!"" 77 )","
" %!) )""0
"('7 "$" 7 )""
$'"
"- )","
"% )" )"
%!
%" '* )"# " ("
- &'9
"8%" :1;!$"$* , " ) "
$'"
"- " '""$"" '* )"" '$)("
-( 0)!) )" ,"
" ) "
" " "
- )" ) " " (" ) "
" '$)("
)"" "
$ )"-!
) )","
")" "
", "
5 0)!) * % " )"# " ("
- &'
)" % !,$.% !$% " )"", ("
-<!$ " )"
# " ("
- &' = "$0 ) "
$'"
"- " (
"-7!" '%
* '% * " " 7) !!% 7 "(,$*""%,
%,"
% )" !
"* +%"$* ! "" '* )"
% ) " , % !"("
- )" %$$ "
!) - ) .%
!
"#"
0)"" )'""
% "+% !$$*)"$ ) * "$*
"$""-,"
*"
$'"
"- '"* " '$"," - 0 (
)-( )" " )"*'"!(" %"0%$ "
$,*("
-
"" !(,"
" )""
""-%!) "$* 6 "0- )"' " !% )" %!
%" -
)" # " ("
- &'
dated 19.08.2016 9
"8%" :1;
)" 0
,"
," -0 ) )"-$$0 7 "!
>?
! "
@ )"-" "8"!")$$'"% " "
"8," %$*
*!"0 ) ," - )""(
)-( )" "-"!", - !" -" !,*- ) " 4
"
7(!"$$ "%,,$! 9;
- * )$$$
," -
HARPREET SINGH BRAR )* *
A)"
)"," 7B" "
C"B A)"
)"", '$"
C"B