Ravinder Kaur v. The Principal Secretary & Others

CWP No. 1423 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 1423 OF 2018 DECIDED ON: JANUARY 24, 2018 RAVINDER KAUR .....PETITIONER

VERSUS

THE PRINCIPAL SECRETARY .....RESPONDENTS TO GOVT. OF PUNJAB, DEPARTMENT OF IRRIGATION, PUNJAB AND OTHERS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Amit Kumar Walia, 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, order or direction in the nature of mandamus or any other suitable writ directing the respondents to pay all the service benefits/retirement payments viz. DCRG, GPF subscription with upto date interest, amount payable under Group Insurance Scheme along with 18% interest. And further to grant family pension from due date and to pay all the arrears thereof as well as to pay interest on the amount of leave encashment for the delayed period.

2.

At the very outset of the arguments, learned counsel for the petitioner submits that though legal notice dated 08.07.2017 (Annexure P-4) Sonika 2018.01.25 16:56 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 1423 OF 2018 --2-- was duly served upon the respondents but till date no conscious decision has been taken by them. He further submits that petitioner feels satisfied in case direction is issued to respondent(s) to decide aforesaid legal notice within a stipulated period.

3.

Accordingly, instant petition is disposed of with a direction to respondent(s) to consider the case of the petitioner unfolded by the petitioner in her legal notice dated 08.07.2017 (Annexure P-4), within a period of two months from the date of receipt of certified copy of this order. If the concerned authority comes to the conclusion that petitioner is entitled to the relief claimed, to disburse the same within a period of next 45 days. 4.

As far as grant of interest on delayed payment is concerned that shall also be considered in view of the observations made by Full Bench of this Court in case captioned as "R.S. Randhawa vs. State of Punjab, 1997 (3) RSJ 318 as well as Punjab Govt. Instructions No.1/15/90IFPIII/4226, dated 10.05.1990.

5.

However, in case the petitioners still feels aggrieved of the order passed by the authorities concerned, she shall be at liberty to approach this Court.

JANUARY 24, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.01.25 16:56 I attest to the accuracy and authenticity of this document Chandigarh