Harjeet Kaur v. State Of Punjab And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP No. 20546 of 2015 Date of decision: 28.09.2015 Smt. Harjeet Kaur ....Petitioner(s)
Versus
State of Punjab and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present:
Mr. R.K. Chauhan, Advocate, for the petitioner.
G.S.SANDHAWALIA, J. (Oral) The present writ petition seeks a writ in the nature of mandamus directing the respondents to decide the legal notice dated 07.05.2015 (Annexure P-1) and to release all the retiral benefits in the shape of leave encashment and dearness allowance from January, 2013 to August, 2013 alongwith interest on the delayed payments of the retiral benefits already granted.
Counsel submits that legal notice dated 07.05.2015 (Annexure P-1) has been served upon the respondents and that the petitioner had retired on 31.08.2013 after serving for 31 years and 8 months. Gratuity and pension were paid but after a delay of 7 months and the payment regarding leave encashment and dearness allowance from January, 2013 to August, 2013 has not been made.
Counsel submits that he would be satisfied at this stage if a direction is issued to the respondents to take a decision on the said legal notice within a time bound frame.
Keeping in view the fact that legal notice has already been served, this Court does not feel necessary to call upon the respondents to SHIVANI GUPTA 2015.09.29 16:47 I attest to the accuracy and integrity of this document Chandigarh
file reply.
Accordingly, this writ petition is disposed of with a direction to respondent no. 3 to take into consideration the legal notice dated 07.05.2015 (Annexure P-1) and decide the same within a period of 2 months from the date of receipt of certified copy of the order. Needless to say that in case the relief is to be denied, the order should contain reasons. 28.09.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.09.29 16:47 I attest to the accuracy and integrity of this document Chandigarh