Chander Mohan v. State Of Punjab And Others

CWP No.6178 of 2024 (O&M) 2024:PHHC:037363

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.6178 of 2024 (O&M) Date of decision: 15.03.2024 Chander Mohan ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Puneet Kumar Bansal, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to (i) pay intereest as per the provisions of The Punjab General Provident Fund Rules on delayed deposit of amount of Provident Fund from the date the said amount was deducted every month from salary till the date of retirement/deposit (ii) to release Pension, Gratuity, Leave Encashment, Provident Fund (alongwith interest as aforesaid) and all other benefits (iii) pay interest on late release of retiral benefits @ 18% from the date of retirement till the date of its actual payment. 2.

Learned counsel for the petitioner, at the very outset, confines his prayer for deciding legal notice dated 05.02.2024 (Annexure P-2). He submits that at this stage, petitioner would be satisfied, if the said legal notice is decided by passing a speaking order within a time bound frame.

3.

Notice of motion.

MOHD YAKUB 2024.03.18 17:39 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.6178 of 2024 (O&M) 2024:PHHC:037363 4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 to 3 while Mr. Manu Loona, Advocate has appeared on behalf of respondent No.4 and have no objection to the innocuous prayer made by learned counsel for the petitioner. 5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.4, is directed to consider and decide the claim made in the legal notice dated 05.02.2024 (Annexure P-2) in accordance with law, by passing a speaking order within a period of 03 months from the date of receipt of certified copy of this order. In case, the petitioner is found entitled, his claim be released within a period of 04 weeks thereafter. In case, the respondents are of the opinion that the claim of the petitioner merit rejection the same be adjudicated upon by passing a speaking order after giving an opportunity of personal hearing to the petitioner within the time as stipulated hereinabove. 7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 15.03.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.03.18 17:39 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh