Sat Bhushan Garg v. State Of Punjab And ORS

CWP No.24044 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.24044 OF 2018 DECIDED ON: SEPTEMBER 20, 2018 SAT BHUSHAN GARG .....PETITIONER..

VERSUS

STATE OF PUNJAB AND ORS.

.....RESPONDENTS..

CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Karan Singla, Advocate, for the petitioner.

***** JASPAL SINGH, J.

By virtue of 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 interest @ 12% per annum on delayed payment of GPF, leave encashment, death-cum-retirement gratuity w.e.f. 30.09.2017. And further to pay arrears of dearness allowance payable to the petitioner for the period January 2014 to September 2014 and July 2014 to February 2015, LTC which has been raised vide bill dated 04.09.2017, medical reimbursement which has been raised vide bill dated 29.11.2017 and interim relief for January 2017 along with interest @ 12% per annum till the date of payment.

2.

At the very outset, learned counsel for the petitioner contends that though representations dated 12.04.2018 (P-1) and 30.05.2018 (P-2) were SONIKA 2018.09.24 12:49 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.24044 OF 2018 --2-- moved to the respondents but it till date neither any response has been received nor any conscious decision has been taken. He further submits that petitioner feels satisfied in case direction is issued to respondents to decide aforesaid representations, within a stipulated period.

3.

Without expressing any opinion on the merits of the case, instant petition is disposed of with the direction to respondents to consider the claim of the petitioner put forth by him in representations (P-1 and P-2) and to take a conscious decision, within a period of two months from the date of receipt of certified copy of this order. In case, the concerned authority comes to the conclusion that petitioner is entitled to relief claimed through aforesaid representations, to release the same within a period of next 45 days. 4.

As far as grant of interest on delayed payment is concerned that shall also be considered in view of the Punjab Govt. Instructions No.1/15/90IFPIII/4226, dated 10.05.1990.

5.

However, if the petitioner still feels aggrieved against any of the order passed by the concerned authority, he shall be at liberty to approach this Court as well as to have recourse to the other remedies available under law. SEPTEMBER 20, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No SONIKA 2018.09.24 12:49 I attest to the accuracy and authenticity of this document Chandigarh