High Court of Punjab and HaryanaCWP/23511/2017disposed of

Balkar Singh v. State Of Punjab And Dors.

2018-12-19Mr. Justice Harsimran Singh Sethi2 pages

CWP-23511-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23511-2017 Date of decision: - 19.12.2018 Balkar Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. K.R. Dhawan, Advocate for the petitioner.

Mr. Mehardeep Singh, Additional Advocate General, Punjab. **** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioner is seeking the release of his pensionary benefits, which according to him are being withheld by the respondents without any valid justification.

As per the averments made in the present writ petition, the petitioner retired while working as a Junior Assistant with the Municipal Council, Zira on 31.03.2017.

Counsel for the petitioner states that there is no departmental or criminal proceedings pending against the petitioner and there is no valid justification with the respondents to withhold his pensionary benefits. Still, despite a lapse of approximately one year and eight months, the petitioner has not being paid his retiral benefits, except an amount of `2,50,000/-.

NARESH KUMAR 2018.12.24 10:53 I attest to the accuracy and integrity of this document Chandigarh

CWP-23511-2017 -2Notice of motion was issued on 12.10.2017.

Counsel for the petitioner states that the petitioner will be satisfied, at this stage, in case, a time bound direction is given to the respondents to decide the legal notice dated 11.09.2017 (Annexure P-3) by passing a speaking order.

Counsel for the respondents-State has no objection for the grant of the said relief, at this stage.

Keeping in view the request made and without expressing any opinion on the merits of the case and entitlement of the petitioner in respect of the claim made in the writ petition/legal notice, the respondents are directed to decide the legal notice dated 11.09.2017 (Annexure P-3) by passing a speaking order within a period of two months from the date of receipt of a certified copy of this order. In case it is found that the petitioner is entitled for any relief, the same shall also be released to him within a period of next two months.

Present writ petition stands disposed of .

( HARSIMRAN SINGH SETHI ) December 19, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.24 10:53 I attest to the accuracy and integrity of this document Chandigarh