Kundan Lal v. State Of Punjab & ORS

CWP 17760/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:15/09/2016 Kundan Lal ............Petitioner vs State of Punjab and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Kapil Kakkar,Advocate for the petitioner.

Jaswant Singh,J(Oral) On the previous date of hearing the following order was passed:- "Petitioner was appointed as Peon-cum-Chowkidar vide appointment letter dated 10.8.2004 by the District Education Officer (SE), Hoshiarpur,Punjab. After one year deductions were made from his salary qua the GPF Account.

The grievance is that now after 14 years his salary has been stopped since last three months on the basis that GPF Account was wrongly operated under the old scheme and, therefore, he should first seek its cancellation. Notice of motion qua release of salary only to the respondents for 15.9.2016.

On the asking of the Court, Mz.Sudeepti Sharma, Deputy Advocate General,Punjab accepts notice on behalf of respondents.

To be shown in urgent."

At the time of hearing today short affidavit dated 14.9.2016 of Mr.Salinder Singh, Principal, Govt. Sr.Secondary School(Boys) Tanda Urmar,Distt.Hoshiarpur has been produced in Court, which is taken on record. Alongwith the said affidavit a Receipt (R-2) has been annexed wherein it is admitted by the petitioner that he has received the entire Rajinder Parshad Joshi 2016.09.15 17:52 I attest to the accuracy and integrity of this document

CWP 17760/2016 amount of due salary for the period from 1.6.2016 to 31.8.2016. Learned State counsel thus submits that present writ petition has become infructuous.

In response, learned counsel for the petitioner submits that qua withdrawal of the facility of GPF account after 14 years, the petitioner has not been afforded any opportunity.

At this stage, learned State counsel on instructions from Mr.Salinder Singh,Principal,Govt. Sr.Secondary School(Boys) Tanda Urmar,Distt.Hoshiarpur submits that petitioner himself has tendered an application dated 8.9.2016 opting for conversion under the new Contributory Pension Scheme applicable w.e.f. 1.4.2004. A photocopy of the said application has been tendered and taken on record. In view of the above, no further orders are required to be passed.

Dismissed.

15/09/2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.09.15 17:52 I attest to the accuracy and integrity of this document