High Court of Punjab and HaryanaCWP/7481/2019disposed of

Nitya Nand v. State Of Haryana And ANR.

2019-03-18Mr. Justice Harsimran Singh Sethi2 pages

CWP-7481-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-7481-2019 Date of decision: - 18.03.2019 Nitya Nand ....Petitioner

Versus

State of Haryana and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Shreenath A. Khemka, 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 he superannuated on 31.10.2018, after which he was entitled for the release of the pensionary benefits, but only pension has been released to the petitioner and no other benefit such as gratuity, leave encashment and commutation etc. has been released to him so far. Further, there is no impediment in the release of the pensionary benefits as there are no proceedings pending against the petitioner and therefore, withholding of the benefits by the respondents is arbitrary. Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served the respondents with a legal notice on 01.01.2019 (Annexure P-1), NARESH KUMAR 2019.03.29 13:33 I attest to the accuracy and integrity of this document Chandigarh

CWP-7481-2019 -2which 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 in the legal notice, the respondents are directed to decide the legal notice dated 01.01.2019 (Annexure P-1) 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 ) March 18, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.03.29 13:33 I attest to the accuracy and integrity of this document Chandigarh