High Court of Punjab and HaryanaCWP/6573/2019disposed of

Amrik Singh And Another v. Punjab Water Resources Management And Development Corporation Limited And Others

2019-03-12Mr. Justice Harsimran Singh Sethi2 pages

CWP-6573-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6573-2019 Date of decision: - 12.03.2019 Amrik Singh and another ....Petitioners

Versus

Punjab Water Resources Management and Development Corporation Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Vinod S. Kaushal, Advocate, for the petitioners. **** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance which is being raised by the petitioners is that they retired on 31.01.2018 and 28.02.2018 respectively, whereas the payment of gratuity was made to them on 13.06.2018 and 20.08.2018 respectively and leave encashment was paid to them on 10.12.2018, hence they are entitled for the grant of interest on the delayed payments of retiral benefits.

Counsel for the petitioners states that as per the settled principle of law settled by a Full Bench of this Court in case A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468, if there is no valid justification with the respondents for withholding the pensionary benefits, the employee is entitled for interest. Counsel for the petitioners further states that for the relief which has been sought in the present writ petition, the petitioners NARESH KUMAR 2019.03.25 13:28 I attest to the accuracy and integrity of this document Chandigarh

CWP-6573-2019 -2have served the respondents with a legal notice on 28.01.2019 (Annexure P-4), which is still pending consideration with the respondents and the petitioners 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 petitioners, the respondents are directed to decide the legal notice dated 28.01.2019 (Annexure P-4) 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 petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) March 12, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.03.25 13:28 I attest to the accuracy and integrity of this document Chandigarh