High Court of Punjab and HaryanaCWP/5247/2016disposed of

Chand Ram v. State Of Punjab And ORS

2016-04-04Mr. Justice A.B. Chaudhari2 pages

CWP No. 5247 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 5247 of 2016 Date of decision: 04.04.2016 Chand Ram ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. B.S. Mittal, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the release of service benefits alongwith interest on account of the death of his wife, who was serving as a Sweeper with respondent no. 3-Municipal Council, Maur, District Bathinda. It is the case of the petitioner that his wife died on 10.06.2014. The service benefits of `8,91,953/- were due, details of which are mentioned in para nos. 3 and 4 of the writ petition, out of which, only a sum of `3,00,000/- has been paid in installments. Counsel submits that representations dated 28.05.2015 and 01.02.2016 (Annexures P-1 and P-2) have already been served upon the respondent no. 3 but no action has been taken on the same. Counsel further submits that he would be satisfied if the same are decided within a time bound frame.

Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of respondent nos. 1 and 2. Copy of the writ petition has been supplied to him SHIVANI GUPTA 2016.04.06 14:47 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 5247 of 2016 in Court.

Keeping in view the limited relief sought, this Court is of the opinion that there is no need for the respondents to file reply. Accordingly, without commenting on the merits of the case, the writ petition is disposed of with a direction to respondent no. 2 to ensure that respondent no. 3 shall take action on the representations dated 28.05.2015 and 01.02.2016 (Annexures P-1 and P-2) within a period of 2 months from the date of receipt of certified copy of the order. If the amount is found to be due and there is no legal impediment, the same shall be paid to the petitioner within a period of 1 month thereafter. The said respondents shall also ensure that the liability to pay the interest element due to the delay in disbursement is also decided in view of the Full Bench judgment of this Court in A.S.Randhawa Vs. State of Punjab & others 1997 (3) SCT 468. Needless to say if the relief is to be denied, a reasoned order be passed and conveyed to the petitioner.

04.04.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.04.06 14:47 I attest to the accuracy and integrity of this document Chandigarh