Brinder Singh v. State Of Punjab And Others

CWP No.15566 of 2020 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.15566 of 2020 Date of decision:28.09.2020 Brinder Singh ... Petitioner Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. B.D.Sharma, Advocate for the petitioner.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Counsel for the petitioner submits that the petitioner sought voluntary retirement from the post of Medical Officer which was accepted by the Additional Chief Secretary, Government of Punjab, Department of Health and Family Welfare on 26.03.2019, but till now he has not been paid the pensionary and other service benefits. Service gratuity, GPF and leave encashment were released to him after a delay of more than 10 months without interest on the delayed payment. He submits that the petitioner has served a legal notice dated 22.01.2020 (Annexure P-1) upon the respondents for release for remaining retiral benefits, salary increments etc., alongwith interest on the delayed payment of gratuity etc. SAVITA KADIAN 2020.10.01 16:32 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.15566 of 2020 {2} Counsel submits that he will be satisfied, if a direction is issued to the competent authority to examine and decide the legal notice dated 22.01.2020 (Annexure P-1) by passing an appropriate speaking order within a specified time frame.

Prayer made by the petitioner is just and reasonable. Without examining the averments made in the writ petition and the claim raised in the legal notice, this petition is disposed of with a direction to respondent No.2-Director, Health and Family Welfare, Punjab to consider the legal notice dated 22.01.2020 (Annexure P-1) and take a final decision thereon within a period of four months from the date of receipt of a certified copy of this order.

A copy of this order alongwith copy of representation, Annexure P-1 be sent to respondent No.2.

(SUVIR SEHGAL) JUDGE September 28, 2020 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2020.10.01 16:32 I attest to the accuracy and integrity of this document High Court Chandigarh