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High Court of Punjab and HaryanaCWP/16291/2014dismissed

Binu Rani v. Union Of India & ORS

2023-11-24Mr. Justice Jagmohan Bansal2 pages

CWP-16291-2014 (O&M) -12023:PHHC:149864

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-16291-2014 (O&M) Date of Decision : 24.11.2023 Binu Rani ......... Petitioner

Versus

Union of India and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr.R.S.Manhas, Advocate Mr. Mrinal Dewan, Advocate and Ms. Saruti Sandal, Advocate for the petitioner.

Mr. Bhuvan Wats, Central Govt. Counsel for respondent No.1-UOI **** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dated 03.08.2014 (Annexure P-9) whereby her service has been terminated. 2.

The petitioner has preferred present petition against Army Welfare Education Society and this Court vide order dated 11.09.2023 in CWP No.6115 of 2019 titled as "Reena Panta vs. Union of India and others" has held that writ petition is not maintainable against Army Public School.

3.

Learned counsel for the petitioner submits that he does not dispute the impugned order, however, he prays for release of gratuity in terms of provision of Payment of Gratuity Act, 1972. 4.

The petitioner has remedy to approach Controlling Authority ANJU GOEL 2023.11.24 17:17 I attest to the accuracy and integrity of this document

CWP-16291-2014 (O&M) -22023:PHHC:149864 constituting under Payment of Gratuity Act for the redressal of his grievance. The petitioner has further remedy to file appeal against the Controlling Authority.

5.

Faced with this, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to approach the Controlling Authority in accordance with law. 6.

If the petitioner moves an appropriate application before the Controlling Authority within 30 days from today, the said authority without looking into question of limitation would decide her application on merits. 7.

Pending applications, if any, shall also stand disposed of. ( JAGMOHAN BANSAL ) 24.11.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.11.24 17:17 I attest to the accuracy and integrity of this document