Angrej Singh v. Haryana Agro Industries Corp. Ltd. And ANR.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision: 24.02.2023 ANGREJ SINGH
...Petitioner
Versus
HARYANA AGRO INDUSTRIES CORP. LTD. AND ANR.
...Respondents
CORAM : HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:
Mr. Rajiv Kumar Saini, Advocate for the petitioner.
**** RAJ MOHAN SINGH , J.
(ORAL) The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondents to release retiral benefits viz. pension, GPF, Gratuity, Leave encashment and GIS etc.
Learned counsel for the petitioner submits that the petitioner was appointed as Helper in Haryana Agro Industries Corporation Limited in the year 1982 against the vacant sanctioned post after following the due procedure. The petitioner had continuously worked in the said Corporation from the date of his initial appointment and after rendering about 40 years of satisfactory service, he has retired on 30.04.2018 on attaining the age of superannuation. Now, after a considerable
-2period of 3 years and 8 months, a charge-sheet has been issued to the petitioner on 12.01.2022 and his retiral dues have been withheld.
Precisely for the grievance in question, the petitioner has also served a legal notice upon the respondents No.1 and 2 for the release of his retiral benefits on the ground that the petitioner was not charge-sheeted during his service in the respondent-Corporation and the order dated 12.01.2022 charge-sheeting the petitioner has no effect on the retiral dues of the petitioner.
At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case his legal notice dated 30.12.2022 is ordered to be decided by the respondent No.1 in accordance with law in a time bound manner.
Notice of motion.
At this stage, Mr. P.K. Dwivedi, Advocate appears and accepts notice on behalf of the respondents. In view of the nature of controversy, I dispose of this writ petition however with a direction to the respondent No.1 to take note of pending legal notice dated 30.12.2022 and decide the same in accordance with law preferably within a period of
-3one month from the date of receipt of certified copy of this order. 24.02.2023 (RAJ MOHAN SINGH) P.Bhatt JUDGE Whether reasoned/speaking?
Yes/No Whether reportable?
Yes/No