Narsi Ram Bishnoi v. Guru Jambheshwar University Of Science And Technology Hissar And ANR

CWP-6839-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-6839-2022 Date of Decision : April 01, 2022 Prof. Narsi Ram Bishnoi .. Petitioner

Versus

Guru Jambheshwar University of Science and Technology, Hisar and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Anil Rana, Advocate for the petitioner.

HARSIMRAN SINGH SETHI J. (ORAL) The present petition has been filed with a prayer for issuance of a direction to the respondent-University to release the pensionary benefits of petitioner as the petitioner retired after attaining the age of superannuation on 30.06.2021.

Learned counsel for the petitioner submits that there is no impediment in the release of the pensionary benefits of the petitioner as there are no criminal or departmental proceedings pending against the petitioner which would give jurisdiction to the respondent to withhold the pensionary benefits of the petitioner and keeping in view the settled principles of law settled by the Full Bench of this Court in A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468, the retiral benefits of an employee are to be computed and released within a period of two months from the date of the retirement, in case there is no impediment. Hence, the ANJU 2022.04.05 11:31 I attest to the accuracy and integrity of this document Chandigarh

CWP-6839-2022 respondents are liable to release the pensionary benefits to the petitioner along with interest. Learned counsel further submits that the the petitioner has already submitted a representation dated 10.02.2022 (Annexure P-4) claiming the same relief which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage in case a time bound direction is given to the respondents to decide the said legal notice by passing an appropriate speaking order.

Notice of motion.

On asking of the Court, Mr. Shreenath A.Khemka, Advocate accepts notice on behalf of the respondent-University. Learned counsel for the respondents raises no objection in decision of the representation dated 10.02.2022 (Annexure P-4) in a time bound manner by passing an appropriate speaking order. Without commenting upon the merits of the case or about the entitlement of the petitioner for the relief which has been claimed by him in the representation dated 10.02.2022 (Annexure P-4), the present writ petition is disposed of with a direction to respondent No.2 to decide the representation dated 10.02.2022 (Annexure P-4) within a period of eight weeks from the receipt of copy of this order. In case, it is found that the petitioner is entitled for the monetary benefits after the decision of the legal notice, the same should also be paid to the petitioner within four weeks thereafter. April 1, 2022 (HARSIMRAN SINGH SETHI) anju JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ANJU 2022.04.05 11:31 I attest to the accuracy and integrity of this document Chandigarh