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High Court of Punjab and HaryanaCWP/17874/2018disposed of

Gurcharan Kaur v. State Of Punjab And ORS

2018-07-23Mr. Justice Rameshwar Singh Malik2 pages

CWP No.17874 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.17874 OF 2018 DECIDED ON: JULY 23, 2018 GURCHARAN KAUR .....PETITIONER

VERSUS

STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

None for the petitioner.

***** JASPAL SINGH, J. (Oral) Through instant petition, preferred under Article 226 of the Constitution of India, petitioner has sought issuance of a writ in the nature of Mandamus directing the respondents to release the following benefits:- (i) to count the service from 06.06.1996 to 17.05.2001 for the purpose of pay fixation and grant of pensionary benefits. (ii) GPF Amount (iii) Leave encashment for 300 days instead of 240 days. (iv) Benefits of 9/14 years of service.

(v) Gratuity as per the provisions of payment of Gratuity Act. (vi) The petitioner is either to be retired at the age of 60 years or she is to be given the pay scale of Class III Post along with interest @ 18% p.a.

2.

A scrutiny of file transpires that petitioner served legal notice dated 25.04.2018 (P-3) upon the respondents but till date it did not fetch any reply nor Sonika 2018.07.24 13:14 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.17874 OF 2018 --2-- benefits have been released to her.

3.

This Court is of the considered view that instant petition can be disposed of by giving necessary directions to the respondents to consider the claim of the petitioner as setup in legal notice dated 25.04.2018 (P-3) and to take a conscious decision within some prescribed period. 4.

Accordingly, without expressing any opinion on the merits of the case, instant petition is disposed of with the direction to the respondent(s) to consider the case of petitioner unfolded in her legal notice (P-3) and take a conscious decision, within a period of three months from the date of receipt of certified copy of this order.

5.

However, if the petitioner still feels aggrieved against any of the order(s) passed by the concerned authority, she shall be at liberty to have recourse to the remedies available under law as well as to approach this Court. JULY 23, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.07.24 13:14 I attest to the accuracy and authenticity of this document Chandigarh