High Court of Punjab and HaryanaCWP/14212/2019disposed of

Suresh Kumar v. Uttar Haryana Bijli Vitran Nigam And Others

2019-05-27Mr. Justice Harsimran Singh Sethi2 pages

CWP-14212-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-14212-2019 Date of decision: - 27.05.2019 Suresh Kumar ....Petitioner

Versus

Uttar Haryana Bijli Vitran Nigam and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Ashok K. Sharma, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance of the petitioner is that though he has retired on 30.11.2017, but his pensionary benefits were stopped on the ground that there was a charge-sheet, which was issued to the petitioner during his service career, which is still pending consideration with the respondents.

Counsel for the petitioner argues that the charge-sheet, which was issued in the year 1992, was kept pending by the respondents without any valid justification and after his retirement, vide order/letter dated 19.02.2018 (Annexure P-1), the respondents have stopped his one annual increment. After the imposition of the said punishment, there was no legal impediment in the release of the pensionary benefits and, now, a more than one year has elapsed after imposition of the punishment, vide order NARESH KUMAR 2019.05.30 09:30 I attest to the accuracy and integrity of this document Chandigarh

CWP-14212-2019 -2dated 19.02.2018 (Annexure P-1), but his pensionary benefits are being still withheld by the respondents in an illegal and arbitrary manner. Counsel for the petitioner states that for the relief which has been sought in the present writ petition, the petitioner has served the respondents with a legal notice dated 31.12.2018 (Annexure P-2), 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 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 respondents are directed to decide the legal notice dated 31.12.2018 (Annexure P-2) 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 ) May 27, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.05.30 09:30 I attest to the accuracy and integrity of this document Chandigarh