High Court of Punjab and HaryanaCWP/5408/2020disposed of

Bachu Ram v. State Of Punjab And Others

2020-02-28Mr. Justice Harsimran Singh Sethi2 pages

CWP-5408-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-5408-2020 Date of decision: - 28.02.2020 Bachu Ram

...Petitioner

Versus

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

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance of the petitioner is that though he has already retired on attaining the age of superannuation on 30.06.2019, but all the benefits, for which he is entitled for in respect of service rendered by him with respondent-Municipal Corporation, have not been released so far without any valid justification. Learned counsel for the petitioner states that there is no impediment in the release of the pensionary benefits as there are no proceedings pending against the petitioner either before the department or before any competent Court of Law, which would entitle the respondents to withhold the pensionary benefits. The prayer of the petitioner is for issuance of a direction to the respondents to release his retiral benefits forthwith alongwith interest.

NARESH KUMAR 2020.03.04 10:21 I attest to the accuracy and integrity of this document Chandigarh

CWP-5408-2020 -2Counsel for the petitioner states that for the relief which has been sought in the present writ petition, petitioner has served respondent No.4 with a legal notice dated 06.11.2019 (Annexure P-3), which is still pending consideration with respondent No.4 and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to respondent No.4 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, respondent No.4 is directed to decide the legal notice dated 06.11.2019 (Annexure P-3) 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 ) February 28, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2020.03.04 10:21 I attest to the accuracy and integrity of this document Chandigarh