High Court of Punjab and HaryanaCWP/12403/2020disposed of

Ram Chander v. Haryana Shehri Vikas Pradhikaran And Others

2020-08-20Mr. Justice Harsimran Singh Sethi2 pages

CWP No.12403 of 2020 -1113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12403 of 2020 Date of Decision : 20.08.2020 Ram Chander

...Petitioner

Versus

Haryana Shehri Vikas Pradhikaran and others ...Respondents (Through video conferencing)

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Manoj Kumar Sood, Advocate for the petitioner.

Ms. Ambika Luthra, Addl. A.G. Haryana.

Harsimran Singh Sethi, J. (Oral) In the present writ petition, the grievance of the petitioner is that he has already retired on attaining the age of superannuation on 29.02.2020 but, his retiral benefits have not been released by the respondents without there being any valid justification. Learned counsel for the petitioner argues that there is no impediment in the release of the pensionary benefits of the petitioner as no proceedings either departmental or before any competent Court of law are pending against the petitioner, which would entitle the respondents to withhold his pensionary benefits. Learned counsel for the petitioner prays that a direction be issued to the respondents to release the pensionary benefits of the petitioner along with interest.

Learned counsel for the petitioner states that for the relief, which is being claimed in the present writ petition, the petitioner has served the respondents with legal notice dated 02.07.2020 (Annexure P/11), NARESH KUMAR 2020.08.20 16:40 I attest to the accuracy and integrity of this document Chandigarh

CWP No.12403 of 2020 -2which 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 respondent No.1 to decide the said legal notice. 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 respondent No.1 is directed to decide the legal notice dated 02.07.2020 (Annexure P/11), 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.

August 20, 2020 (HARSIMRAN SINGH SETHI) aarti JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No NARESH KUMAR 2020.08.20 16:40 I attest to the accuracy and integrity of this document Chandigarh