Harsimrat Singh v. The Registrar , Cooperative Societies Punjab And ORS

2023:PHHC:084299

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-12596-2023 Date of decision: 05.07.2023 HARSIMRAT SINGH

...Petitioner

V/s THE REGISTRAR CO-OPERATIVE SOCIETIES PUNJAB AND ORS.

...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK MANCHANDA

Present:

Mr. Balwinder Singh Sehra, Advocate for the petitioner.

**** DEEPAK MANCHANDA J. (ORAL) This writ petition has been filed under Article 226/227 of the Constitution of India seeking issuance of writ in the nature of mandamus directing the respondents to pay a sum of Rs. 19,50,000/- on account of retiral benefits, arrears of salary along with interest @ 18% per annum on the delayed payment till realization.

Learned counsel for the petitioner contends that petitioner was appointed as Clerk in the Fatehgarh Sahib Co-operative Central Bank Ltd. Fatehgarh Sahib (hereinafter to be referred as Central Bank) in the year 1996 and retired from the post of Manager on 31.08.2022 and made a request vide letter dated 11.11.2022 to the Managing Director, the Punjab State Co-operative Bank Ltd. to release his retiral benefits, which was duly received by the Bank on 11.11.2022. Learned counsel has further placed reliance upon the Full Bench judgment of this Court titled as "A.S. Randhawa Vs. State of Punjab" reported as 1997(3) SCT Page 468. Learned counsel after arguing for some time confines himself to the limited prayer he had sent a legal notice dated 13.03.2023 (Annexure P-2) to the respondents and the same has not been taken into consideration till today and he would be satisfied if the said legal notice be directed to be decided in a time bound manner.

2023:PHHC:084299 CWP-12596-2023 -2Notice of motion.

Mr. Rohit Bansal, Sr. DAG Punjab, who is present in the Court, accepts notice on behalf of respondents and does not object to the prayer made by learned counsel for the petitioner.

In view of the above and with the consent of both the parties present petition is disposed of with a direction to the respondents to decide the legal notice dated 13.03.2023 (Annexure P-2) submitted by the petitioner within a period of 4 weeks from the date of receipt of certified copy of this order with a further direction that if the petitioner is found to be entitled to claim mentioned in his legal notice, necessary disbursement of funds shall be made to the petitioner within a period of 2 months from the date of decision of the said legal notice.

(DEEPAK MANCHANDA) JUDGE 05.07.2023 Ajay Goswami Whether speaking/reasoned Yes Whether reportable Yes/No