High Court of Punjab and HaryanaCWP/6936/2019disposed of

Kura Ram v. State Of Punjab And Others

2019-03-14Mr. Justice Harsimran Singh Sethi2 pages

CWP-6936-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6936-2019 Date of decision: - 14.03.2019 Kura Ram

...Petitioner

Versus

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

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the prayer which is being made by the petitioner is that he is entitled for interest on the delayed release of the pensionary benefits keeping in view the law settled by a Full Bench of this Court in A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468, wherein, this Court has held that in case there is an undue and unexplained delay in releasing of the pensionary benefits, the employee is entitled for the grant of interest.

Counsel for the petitioner states that petitioner retired on 31.12.2017 and his benefits were sanctioned in April/June, 2018, but some benefits were actually released to him in November, 2018 i.e. approximately after a period of 11 months. Further, the payments of GIS and GPF have not been made to the petitioner so far and therefore, he NARESH KUMAR 2019.03.19 15:47 I attest to the accuracy and integrity of this document Chandigarh

CWP-6936-2019 -2is entitled for interest on the said payments as well as held by this Court in A.S. Randhawa case (supra).

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 05.01.2019 (Annexure P-5), 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 05.01.2019 (Annexure P-5) 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 14, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.03.19 15:47 I attest to the accuracy and integrity of this document Chandigarh