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High Court of Punjab and HaryanaCWP/7501/2024disposed of

Subash Chander v. State Of Punjab And Another

2024-04-04Mr. Justice Namit Kumar2 pages

CWP No.7501 of 2024 (O&M) 2024:PHHC:045181

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.7501 of 2024 (O&M) Date of decision: 04.04.2024 Subhash Chander ....Petitioner

Versus

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

Present:

Mr. Gurbir Singh Sidhu, Advocate for Mr. Harshit Jain, 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 entire pending retiral benefits of Rs.12,62,505/- to the petitioner including leave encashment and gratuity along with interest @ 18% per annum. 2.

Learned counsel for the petitioner, at the very outset, confines his prayer for deciding legal notice dated 01.03.2024 (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.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondent No.1 while Mr. Vikrampreet Arora, Advocate has appeared on behalf of respondent No.2 and have no objection to the innocuous prayer made by learned counsel for the petitioner. MOHD YAKUB 2024.04.04 18:05 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.7501 of 2024 (O&M) 2024:PHHC:045181 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.2 is directed to consider and decide the claim made by the petitioner in the legal notice dated 01.03.2024 (Annexure P-2), in accordance with law, by passing a speaking order, within a period of three 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 2024.04.04 18:05 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh