High Court of Punjab and HaryanaCWP/1557/2016disposed of

Bogha Singh @ Baldev Singh v. Punjab State Power Corp. Ltd. & ORS

2016-01-25Mr. Justice A.B. Chaudhari2 pages

CWP No. 1557 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 1557 of 2016 Date of decision: 25.01.2016 Bogha Singh ....Petitioner(s)

Versus

Punjab State Power Corporation Ltd. and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Ms. G.K. Mann, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks a writ in the nature of mandamus directing the respondents to pay gratuity to the petitioner on account of his retirement on 31.12.2013 and to pay interest on the delayed payment. It is the pleaded case of the petitioner that he was appointed as Assistant Line Man on 25.05.1977 and was promoted as Lineman in the year 1997. Thereafter, he was promoted as Assistant Junior Engineer in the year 2003 and retired on 31.12.2013. During his service period, a case was registered against him on 09.06.2006, in which he was acquitted on 18.04.2011 (Annexure P-1). An appeal is pending before this Court, on account of which, his gratuity has not been released. On his representation, he was asked to furnish a surety bond as per letter dated 01.10.

2014 and he furnished the same (Annexure P-2) whereby, he has undertaken that in case the appeal is decided against him, he would repay the gratuity. Reference is also made to the communication dated 01.10.2014 (Annexure P-3) addressed to respondent no. 4 that the gratuity may be released after SHIVANI GUPTA 2016.01.

CWP No. 1557 of 2016 obtaining sureties of two employees.

Counsel for the petitioners submits that for the redressal of his grievances, representation has been served upon respondent no. 2 on 15.12.2015 (Annexure P-4) but the same is pending consideration and she would be satisfied if a time bound decision is taken on the same. Keeping in view the limited relief sought, this Court is of the opinion that there is no need to call the respondents to file reply. Accordingly, without commenting on the merits of the case, this writ petition is disposed of with a direction to respondent no. 2 to decide the representation dated 15.12.2015 (Annexure P-4) within a period of 2 months from the date of receipt of certified copy of the order. Needless to say if the relief is to be denied, a reasoned order be passed and conveyed to the petitioner.

25.01.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.01.28 10:56 I attest to the accuracy and integrity of this document Chandigarh