High Court of Punjab and HaryanaCWP/13671/2019disposed of

Gurmail Singh v. State Of Punjab And Others

2019-05-22Mr. Justice Harsimran Singh Sethi2 pages

CWP-13671-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-13671-2019 Date of decision: - 22.05.2019 Gurmail Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. P.S. Khurana, Advocate for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance of the petitioner is that though he retired on 30.06.2015, but his pensionary benefits were delayed by the respondents.

Counsel for the petitioner argues that though the gratuity and commutation of pension was sanctioned on 07.01.2019, but the same were only being paid to the petitioner in February, 2019 and withholding of the said benefits was without any valid justification. Counsel for the petitioner further argues that though there was a conviction against the petitioner on 12.03.2009, but he was allowed to continue in service and the said conviction has not been made a ground to deny him the pensionary benefits at any given point of time. NARESH KUMAR 2019.05.29 09:05 I attest to the accuracy and integrity of this document Chandigarh

CWP-13671-2019 -2Subsequently, the said conviction has also been set aside by this Court on 14.08.2018 and therefore, non-regularization of the pension of the petitioner as well as delayed release of the pensionary benefits has caused prejudice to the petitioner and therefore, he is entitled for the interest on the delayed payments.

Counsel for the petitioner states that for the relief which has been sought in the present writ petition, petitioner has submitted a representation dated 20.01.2018 (Annexure P-7), 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 20.01.2018 (Annexure P-7) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) May 22, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.05.29 09:05 I attest to the accuracy and integrity of this document Chandigarh