High Court of Punjab and HaryanaCWP/17418/2022disposed of

Jaswinder Singh v. State Of Punjab And Others

2022-08-08Mrs. Justice Lisa Gill2 pages

CWP-17418-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17418-2022 Date of Decision: 08.08.2022 JASWINDER SINGH ...... Petitioner(s)

Versus

STATE OF PUNJAB AND OTHERS ..... Respondent(s) CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present:

Mr. Amrik Singh, Advocate for the petitioner.

**** LISA GILL, J.

Prayer in this writ petition is for issuance of direction to the respondents to release the revised gratuity and leave encashment as well as interest on the delayed payment of retiral benefits, stated to be due to the petitioner.

Learned counsel for the petitioner submits that petitioner superannuated as Sub Divisional Officer on 31.03.2020 from the respondent-Department. It is submitted that GPF was paid to the petitioner on 09.10.2020 and thereafter leave encashment, gratuity and arrears of pension were paid to the petitioner on 12.06.2020 and 23.02.2021, respectively, however, the Department has failed to release the revised gratuity and revised leave encashment which, it is stated, has accrued on 01.07.2021. It is further submitted that even GPF, leave encashment, amount of gratuity and arrears of pension were paid to the petitioner after considerable delay and same have been released without interest. It is stated that in this respect legal notice dated 20.07.2022 (Annexure P-2) was also served but to no avail.

SUNIL 2022.08.10 16:06 I attest to the accuracy and integrity of this document

CWP-17418-2022 -2At this stage, learned counsel for the petitioner restricts the prayer for a decision on the legal notice dated 20.07.2022 (Annexure P-2), in a time bound manner.

Keeping in view the limited prayer, facts and circumstances of this case, but without any expression of opinion on the merits of the matter, this petition is disposed of with a direction to the competent authority to consider and decide petitioner's legal notice dated 20.07.2022 (Annexure P2), by passing a speaking order, in accordance with law, within a period of three months from receipt of certified copy of this order. In case, petitioner is found entitled to any monetary benefits, same be released within the next two months thereafter.

Writ petition is disposed of accordingly.

(LISA GILL) 08.08.2022 JUDGE Sunil Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No SUNIL 2022.08.10 16:06 I attest to the accuracy and integrity of this document