High Court of Punjab and HaryanaCWP/8798/2019disposed of

Parmod Kumar v. State Of Punjab And Others

2019-04-01Mr. Justice Harsimran Singh Sethi2 pages

CWP-8798-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-8798-2019 Date of decision: - 01.04.2019 Parmod Kumar ....Petitioner

Versus

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

*** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance which is being raised by the petitioner is that though he has retired on 30.04.2017, but all the pensionary benefits have not been released to him so far. Counsel for the petitioner states that only 75% of the provisional pension has been released to the petitioner due to the pendency of a charge-sheet and in the said charge-sheet, the enquiry was conducted and he has been found innocent and therefore, he was entitled for the release of the 100% pension, which was actually started from 01.05.2018. Further, all the beenfits i.e. full amount of gratuity and other retiral benefits, except the commuted value of pension and arrears of pension, have already been released to the petitioner. Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has NARESH KUMAR 2019.04.05 15:38 I attest to the accuracy and integrity of this document Chandigarh

CWP-8798-2019 -2served the respondents with a legal notice on 15.12.2018 (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 or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 15.12.2018 (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 ) April 01, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.04.05 15:38 I attest to the accuracy and integrity of this document Chandigarh