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High Court of Punjab and HaryanaCWP/22676/2015disposed of

Banarsi Dass v. State Of Punjab & ORS

2015-10-21Mr. Justice A.B. Chaudhari2 pages

CWP No. 22676 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 22676 of 2015 Date of decision: 21.10.2015 Banarsi Dass ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Sanjeev Kumar, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) Prayer in the present writ petition is for issuance of directions to the respondents to release the retiral benefits of the petitioner on account of his superannuation on 30.11.2014 after completing service period of 27 years 4 months and 7 days alongwith interest. The pleaded case of the petitioner is that he was working as a Mason with the respondents in the Irrigation Department and retired on the abovesaid date after completing the said period of service. His retiral dues were calculated vide the calculation sheet (Annexure P-1) but in spite of a period of almost one year having expired, the same have not been paid. Counsel submits that a legal notice dated 11.09.2015 (Annexure P-2) has been served upon the respondents for the abovesaid relief but no action has been taken on the same. Counsel further 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.

SHIVANI GUPTA 2015.10.21 18:02 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 22676 of 2015 Accordingly, keeping in view the limited relief sought, this Court does not feel necessary to call upon the respondents to file reply. Accordingly, this writ petition is disposed of with a direction to respondent no. 3 to take into consideration the legal notice dated 11.09.2015 (Annexure P-2) and decide the same within a period of 2 months from the date of receipt of certified copy of the order. The said respondent shall also take into consideration the issue of interest which will be payable to the petitioner on account of the delay in the disbursal of the retiral dues. Needless to say that in case the relief is to be denied, the order should contain reasons.

21.10.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.10.21 18:02 I attest to the accuracy and integrity of this document Chandigarh