High Court of Punjab and HaryanaCWP/23266/2015disposed of

Tej Ram v. State Of Punjab & ORS

2015-11-02Mr. Justice Gurmeet Singh Sandhawalia2 pages

CWP No. 23266 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 23266 of 2015 Date of decision: 02.11.2015 Tej Ram ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. M.K. Dogra, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks relief of direction to the respondents to grant benefit of ACP scheme on completion of 4, 9 and 14 years of service as per the policy of the State Government dated 25.09.1998 (Annexure P-1) and further amended on 03.11.2006 (Annexure P-2) and for grant of all consequential benefits arising thereto on account of grant of proficiency step up alongwith interest on the delayed payment of retiral dues, as permissible under the Rules.

It is the case of the petitioner that he has retired as Beldar on 31.05.2012 and his retiral dues were given late and no amount of interest has been given and a recovery of `29,834/- was done by withdrawing special increments, which was to be refunded after the judgment of the Apex Court in SLP No. 13027 of 2011, State of Punjab and others vs. Tarlok Chand and others, decided on 16.07.2014. The revised leave encashment amounting to `91,970 was also not paid. Counsel for the petitioner submits that representation dated 05.12.2014 (Annexure P-3) has been served on respondent no. 3 for the said SHIVANI GUPTA 2015.11.03 16:12 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 23266 of 2015 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 said respondent to take a decision on the said representation within a time bound frame.

Keeping in view the limited relief sought and without going into the merits of the case, this Court does not feel it 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 representation dated 05.12.2014 (Annexure P-3) and decide the same within a period of 3 months from the date of receipt of certified copy of the order. In case the amounts are found to be due, payment be made within two months thereafter. Needless to say that in case the relief is to be denied, the order should contain reasons.

02.11.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.11.03 16:12 I attest to the accuracy and integrity of this document Chandigarh