Lakhwinder Singh v. State Of Punjab And Others

CWP No.11935 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.11935 of 2024 (O&M) Date of decision: 21.05.2024 Lakhwinder Singh ....Petitioner

Versus

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

Present:

Mr. Ashok Kumar Bazaz, 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 release the revised amount of death-cum-retirement gratuity to the petitioner as per revised rate in terms of Clause 6 of the Finance Department Circular dated 29.10.2021 (Annexure P-2). Further prayer has been made to issue direction to the respondents to release the difference of revised amount of gratuity, after deducting Rs.10.00 lacs, already paid to the petitioner, along with interest @ 12% per annum from the due date till its actual realization.

2.

Learned counsel for the petitioner, at the very outset, confines his prayer for deciding legal notice dated 06.03.2024 (Annexure P-5). He submits that at this stage, petitioner would be MOHD YAKUB 2024.05.21 17:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.11935 of 2024 (O&M) satisfied, if the said legal notice is decided by passing a speaking order within a time bound frame.

3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 and 2 while Mr. Rupender Singh Rana, Advocate, has accepted notice on behalf of respondents No.3 and 4 and have no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

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

6.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.3, to decide legal notice dated 06.03.2024 (Annexure P-5), expeditiously submitted by the petitioner by passing a speaking order, preferably within a period of 03 months from the date of receipt of certified copy of this order. Necessary benefits, if any, found due to the petitioner shall be released expeditiously preferably within a period of 04 weeks thereafter.

(NAMIT KUMAR) JUDGE 21.05.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.05.21 17:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh