High Court of Punjab and HaryanaCWP/11972/2017disposed of

Surjit Kaur v. State Of Punjab And ORS

2019-01-30Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 30.01.2019 Surjit Kaur ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Ankush Sharma, Advocate for Mr. M.K. Dogra, Advocate, for the petitioner.

Ms. Deepali Puri Sandhu, Additional Advocate General, Pb. **** HARSIMRAN SINGH SETHI , J. (ORAL) In compliance of order dated 14.01.2019, an additional affidavit of Sh. Surinder Mohan, Financial Adviser-cum-Chief Accounts Officer, (FA&CAO) Ranjit Sagar Dam Shahpurkandi Township, Tehsil and District Pathankot has been filed today in the Court and the same is taken on record. A copy thereof has been supplied to counsel for the respondent.

In the said affidavit, the respondents have clearly stated that the benefits for which the present writ petition was filed by the petitioner, have already been released to the petitioner and even the arrears have already been paid to her. The relevant paragraphs No.3 and 4 of the

-2affidavit is as under:- "3.

That the pay of the petitioner has been revised by restoring of 7 no. retrenchment increment and 4 nos. special increments in terms of the order dated 16-7-2014 passed by the Hon'ble Supreme Court of India, New Delhi in SLP(C) No.13027 of 2011 titled State of Punjab Vs Tarlok Chand & others. 4.

That the petitioner is drawing his regular pension amounting to Rs.5880/- P.M. vide PPO No.217416 PB. After refixing the salary by restoring 7 No retrenchment increment & 4 Nos. special increments and by granting the proficiency step up on completion on 4, 9 & 14 year service, the pay of the petitioner has been re-fixed and revised pension has been sanctioned by Accountant General (A&E) Punjab, Chandigarh vide letter No.Pen19/J-10/2008-09/3235-37 dated 22-01-2019 and raising his basic pension Rs.5880/- to Rs.6670. Accordingly amount of revised Leave Encashment amounting to Rs.13948/- has been paid to the petitioner through saving bank account SBI 55122663803."

In view of the above, the relief for which the present writ petition was filed has already been extended to the petitioner and the same has been even admitted by the counsel for the petitioner. Counsel for the petitioner states that the petitioner is entitled for the interest on this delayed payment as well. He states that a liberty be granted to the petitioner to approach the respondents by filing appropriate representation for the grant of the interest. In case any representation is filed by the petitioner within a period of four weeks from today claiming the interest on the delayed release of the payment, the same shall be decided by the respondents by passing an appropriate speaking order, within a period of three months from the date of receipt of any such representation.

-3decision, it is found that the petitioner is entitled for any monetary benefits, the same should also be released to her within a period of next three months.

It is made clear that this Court does not express any opinion on the merits of the case and the claim being made in the present writ petition or the representation to be filed by the petitioner before the respondents.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) January 30, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?