Bhupinder Kumar v. Punjab State Civil Supplies Corporation

CWP No.12546 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.12546 OF 2018 DECIDED ON: MAY 17, 2018 BHUPINDER KUMAR .....PETITIONER

VERSUS

PUNJAB STATE CIVIL SUPPLIES .....RESPONDENT CORP. LTD.

CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Arun Singla, Advocate, for the petitioner.

***** JASPAL SINGH, J.

By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ especially in the nature of mandamus directing the respondents to release pensionary/retiral benefits which is being withheld for the last approximately 2 years and further to decide representations and release the pensionary/retiral benefits along with 18% interest on delayed payment.

2.

Learned counsel for the petitioner has submitted that petitioner stood retired on attaining the age of superannuation on 31.01.2015 and granted extension for 1 year from 01.02.2015 till 31.01.2016 and further granted extension from 01.02.2016 till 31.01.2017 but till date the retiral benefits have not been released to him. He further submits that neither any departmental inquiry nor any judicial proceeding is/was pending against the petitioner. Even, Sonika 2018.05.18 12:26 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.12546 OF 2018 --2-- petitioner moved various representations including latest representation dated 07.05.2018 (P-3) but till date neither any response to representations has been received nor any conscious decision has been taken. He further submits that he feels satisfied in case a direction is issued to respondent(s) to consider and decide the representation(s) within a stipulated period. 3.

Accordingly, instant petition is disposed of with a direction to respondents to look into the grievances unfolded by the petitioner in representations (P-3) and to decide the same in accordance with law, within a period of two months from the date of receipt of certified copy of this order. If there is no impediment in granting the retiral benefits, to release the same within a period of next 45 days.

4.

However, respondents are also directed to consider the case of the petitioner for grant of interest in view of Punjab Govt. Instructions No.1/15/90IFPIII/4226, dated 10.05.1990.

5.

However, if petitioner still feels aggrieved by any order of the aforesaid authority, he shall be at liberty to have recourse to the remedies available under law as well as to approach this Court. MAY 17, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Sonika 2018.05.18 12:26 I attest to the accuracy and authenticity of this document Chandigarh