Sukhchain Singh v. State Of Punjab And Others

CWP No. 2979 of 2023

IN THE HIGH COURT OF PUNJAB & HARYANA,

CHANDIGARH CWP No. 2979 of 2023 Date of decision : February 14, 2023 Sukhchain Singh ....... Petitioners

Versus

State of Punjab and others ........ Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. G. S. Sandhu, Advocate for the petitioner.

*** Pankaj Jain, J (oral).

Present petition has been filed under Article 226 of the Constitution of India praying for issuance of writ in the nature of mandamus in the form of direction to the respondent-authorities to release his retiral benefits in full. Learned counsel for the petitioner at the outset confines his prayer for deciding legal notice dated 18.03.2019 (Annexure P-1). He submits that at this stage, petitioner would be satisfied, if the said legal notice served on respondents at the behest of the petitioner is decided by passing a speaking order within a time bound frame.

Notice of motion.

On the asking of the Court Mr. Rajesh Mehta, Addl. Advocate General, Punjab, who is present in Court accepts notice on behalf of the respondents. He submits that respondent No.4/competent authority will look into the matter and will take a decision on the claim raised by the petitioner in the legal notice, in ARCHANA ARORA 2023.02.14 17:23 I attest to the accuracy and integrity of this order/judgment

CWP No. 2979 of 2023 accordance with law.

I have heard learned counsel for the parties and have gone through the record of the case.

Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.4-Competent Authority is directed to consider and decide the claim made in the legal notice dated 18.03.2019 (Annexure P-1), in accordance with law, by passing a speaking order within a period of eight weeks from the date of receipt of certified copy of this order. In case, the petitioner is found entitled, his claim be released within a period of four weeks thereafter along with interest at the rate of 8% per annum commencing from the period after expiry of three months from the date of retirement till the date of its actual realization. In case, the respondents are of the opinion that the claim of the petitioner merits rejection the same be adjudicated upon by passing a speaking order after giving an opportunity of personal hearing to the petitioner within the time as stipulated hereinabove. The petition stands disposed off.

February 14, 2023 (PANKAJ JAIN) archana JUDGE Whether speaking/reasoned Yes Whether Reportable No ARCHANA ARORA 2023.02.14 17:23 I attest to the accuracy and integrity of this order/judgment