Darshan Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH -.- CWP-5275-2021 (O&M) Date of decision : 05.03.2021 Darshan Singh (Retired Secretary) .....Petitioner Vs.

State of Punjab and Others .....Respondents CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Raman Goklaney, Advocate for the petitioner. ALKA SARIN, J. (ORAL) Heard through video conferencing.

The prayer in the present writ petition is for issuance of a direction to the official respondents to release the full and final retiral benefits such as Gratuity, Leave Encashment etc., of the petitioner. Learned counsel for the petitioner would contend that the petitioner has retired on 31.10.2019 after having rendered more than 37 years of service and his full and final retiral benefits have not been released till date. Learned counsel for the petitioner would further contend that the petitioner has sent a representation dated 09.10.2020 (Annexure P-3) and a legal notice dated 01.02.2021 (Annexure P-4). However, no action has been taken on the same. Learned counsel would further contend that, at this stage, he would be satisfied if a direction is issued to respondent No.4 to take a decision on the representation dated 09.10.2020 (Annexure P-3) and legal notice dated 01.02.2021 (Annexure P-4) in a time bound manner. TRIPTI SAINI 2021.03.06 12:44 I attest to the accuracy and integrity of this document

CWP-5275-2021 (O&M) -2Notice of motion.

On the asking of the Court, Ms. Ambika Bedi, AAG, Punjab has put in appearance through video conferencing and accepts notice on behalf of respondent Nos.1 to 4.

In view of the fact that the present petition is not being disposed off on merits, service upon respondent No.5 is dispensed with. I have heard the learned counsel for the parties. In view of the limited prayer made by the learned counsel for the petitioner and without commenting on the merits of the case, the present writ petition is disposed off with a direction to respondent No.4 to take decision on the representation dated 09.10.2020 (Annexure P-3) and the legal notice dated 01.02.2021 (Annexure P-4), in accordance with law, within a period of two months from the date of receipt of certified copy of this order. In case the petitioner is found entitled to the benefits, the same be released to him within a period of two months thereafter. Disposed off.

March 05, 2021 (ALKA SARIN) tripti JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No TRIPTI SAINI 2021.03.06 12:44 I attest to the accuracy and integrity of this document