High Court of Punjab and HaryanaCWP/9270/2019disposed of

Hari Parkash Garg v. State Of Haryana And Others

2019-04-08Mr. Justice Harsimran Singh Sethi2 pages

CWP-9270-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-9270-2019 Date of decision: - 08.04.2019 Hari Parkash Garg ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Shilak Ram Hooda, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the claim which has been made by the petitioner is that he is entitled for interest on the delayed release of the payments of his retiral benefits.

Counsel for the petitioner states that though the petitioner retired on 31.05.2016, but the actual payment amounting to `13,34,850/- was released to him only in September, 2018 i.e. after a period of more than two years and therefore, keeping in view the settled principle of law as settled by the Full Bench of this Court in A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468, the petitioner is entitled for the interest on the delayed payments.

Counsel for the petitioner further states that there was no impediment in the release of the pensionary benefits as no proceedings NARESH KUMAR 2019.04.12 14:57 I attest to the accuracy and integrity of this document Chandigarh

CWP-9270-2019 -2were pending against the petitioner which would entitle the respondents to withhold the same in any manner.

Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has submitted a representation dated 17.12.2018 (Annexure P-8), 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 representation. 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 representation dated 17.12.2018 (Annexure P-8) 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 ) April 08, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.04.12 14:57 I attest to the accuracy and integrity of this document Chandigarh