High Court of Punjab and HaryanaCWP/6640/2009disposed of

O.P.Kumar v. State Of Haryana And ORS.

2023-11-02Mr. Justice Tribhuvan Dahiya2 pages

2023:PHHC:139859 CWP-6640-2009 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6640-2009 Date of Decision: 02.11.2023 O.P. Kumar

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Gulshan Sharma, Advocate for the petitioner Mr. Rohit Arya, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to restore one-third commuted pension of the petitioner on completion of fifteen years from the date of commutation. 2.

Learned counsel for the petitioner contends that the petitioner's claim is covered as per Government instructions, dated 02.06.1989, Annexure P-15, which is to the effect that an employee who got his pension commuted, can get commuted portion of the pension restored after surrendering full value of commutation together with notional interest. The petitioner is ready and willing to surrender full value of the commuted pension along with notional interest as applicable in his case.

PAYAL 2023.11.07 09:16 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:139859 CWP-6640-2009 -23.

Learned State counsel submits that in case representation to that effect is made by the petitioner, the same shall be decided granting the due relief in terms of instructions dated 02.06.1989. 4.

In view of the statement made by learned State counsel, the instant petition stands disposed of with liberty to the petitioner to file a representation before respondent No.3 within a period of two weeks from today. In case any such representation is filed, the same shall be decided by respondent No.3 by passing a speaking order regarding grant of claimed relief in terms of instructions, dated 02.06.1989, within a period of eight weeks from the date of receiving the representation. (TRIBHUVAN DAHIYA) JUDGE 02.11.2023 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2023.11.07 09:16 I attest to the accuracy and authenticity of this order/judgment