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High Court of Punjab and HaryanaCWP/8678/2024disposed of

Rohtas v. State Of Punjab And Others

2024-04-20Mr. Justice Namit Kumar2 pages

CWP No.8678 of 2024 (O&M) 2024:PHHC:053092

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.8678 of 2024 (O&M) Date of decision: 20.04.2024 Rohtas ....Petitioner

Versus

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

Present:

Mr. Kamal Narula, 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 make the payment of remaining retiral benefits of petitioner along with interest from the date of his retirement till date.

2.

Learned counsel for the petitioner submits that despite the petitioner having been superannuated from service on 30.09.2020, his retiral dues have not been released except payment of Rs.3,72,576/- on 27.07.2021 and Rs.1,00,000/- on 27.01.2022. He further submits that there is no reason whatsoever for withholding the same and even, the respondents have not taken any action on the legal notice dated 08.02.2024 (Annexure P-2), having been served upon them. 3.

At this stage, it is prayed that the respondents be directed to decide the said legal notice dated 08.02.2024 (Annexure P-2), in a time bound manner and release the benefits due to the petitioner. MOHD YAKUB 2024.04.20 14:35 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.8678 of 2024 (O&M) 2024:PHHC:053092 4.

Notice of motion.

5.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 to 3. On the asking of the Court Mr. Vipul Jindal, Advocate, who is on the panel of Department of Local Government, Punjab, has accepted notice on behalf of respondents No.4 and 5 and have no objection to the innocuous prayer made by learned counsel for the petitioner.

6.

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

7.

Keeping in view the limited prayer addressed at the time of arguments, facts and circumstances of the case but without expressing any opinion on the merits of the controversy, this writ petition is disposed of with a direction to the competent authority-respondent No.4 to expeditiously decide legal notice 08.02.2024 (Annexure P-2) submitted by the petitioner by passing a speaking order, preferably within a period of 04 months from receipt of certified copy of this order. Benefits, if any, found due to the petitioner shall be released expeditiously preferably within a period of 06 weeks thereafter. (NAMIT KUMAR) JUDGE 20.04.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.04.20 14:35 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh