Puran Mal v. State Of Punjab And Others

CWP No.7512 of 2024 (O&M) 2024:PHHC:045295

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.7512 of 2024 (O&M) Date of decision: 04.04.2024 Puran Mal ....Petitioner

Versus

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

Present:

Mr. Peeush Gagneja, 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 release the remaining amount of service-cum-retirement dues of the petitioner including Pension, Gratuity, Provident Fund, Leave Encashment, Revised Pay Scale and arrears of Revised Pay Scale and all other benefits along with interest for delayed period in view of the law settled by this Court in "A.S. Randhawa vs State of Punjab", 1997(3) SCT 468, for which a legal notice dated 29.01.2024 (Annexure P-3) has also been served by the petitioner.

2.

Learned counsel for the petitioner, at the very outset, confines his prayer for deciding legal notice dated 29.01.2024 (Annexure P-3). 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.

MOHD YAKUB 2024.04.05 09:30 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.7512 of 2024 (O&M) 2024:PHHC:045295 3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 and 2 while Mr. Aditya Pratap Duggal, Advocate, has appeared on behalf of respondent No.3 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.3 is directed to consider and decide the claim made by the petitioner in the legal notice dated 29.01.2024 (Annexure P-3), 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 held entitled, the necessary benefits be released within a period of 04 weeks thereafter.

7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 04.04.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.04.05 09:30 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh