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High Court of Punjab and HaryanaCWP/28610/2017disposed of

Baldev Singh Rattan v. State Of Punjab And ORS

2017-12-15Mr. Justice Rajan Gupta2 pages

CWP No. 28610 OF 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 28610 OF 2017 DECIDED ON: DECEMBER 15, 2017 BALDEV SINGH RATTAN .....PETITIONER

VERSUS

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

Present:

Mr. Bishan Dass Rana, Advocate, for the petitioner.

***** JASPAL SINGH, J (ORAL) By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ especially in the nature of mandamus directing the respondents to release the entire retiral benefits to the petitioner within a stipulated period along with interest @ 18% per annum on all the delayed payments and other arrear of GPF. 2.

The contention of learned counsel for the petitioner is that the petitioner stood retired on attaining the age of 59 years (plus 1 year after extension). Learned counsel for the petitioner further asserts that neither any disciplinary inquiry nor any other impediment is there for the releasing of retiral benefits but the same is being delayed for the reasons best known to the respondents. Ultimately, petitioner was constrained to serve legal notice upon the respondents on 13.10.2017 (Annexure P-3) but till date nothing has been Sonika 2017.12.18 10:49 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 28610 OF 2017 --2-- done.

3.

Instant petition is disposed of with a direction to respondent(s) to consider the case of the petitioner and if there is no impediment, to release the benefit within a period of three months from the date of receipt of certified copy of this order.

4.

As far as grant of interest on delayed payment is concerned that shall also be considered in view of the observations made by Full Bench of this Court in case captioned as "R.S. Randhawa vs. State of Punjab, 1997 (3) RSJ 318 as well as 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(s) passed by concerned authorities, he shall be at liberty to approach this Court.

DECEMBER 15, 2017 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2017.12.18 10:49 I attest to the accuracy and authenticity of this document Chandigarh