High Court of Punjab and HaryanaCWP/29415/2017disposed of

Krishna Devi v. State Of Punjab And Others

2017-12-21Mr. Justice Rajan Gupta2 pages

CWP No. 29415 OF 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 29415 OF 2017 DECIDED ON: DECEMBER 21, 2017 KRISHNA DEVI .....PETITIONER

VERSUS

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

Present:

Mr. Peeush Gagneja, 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 in the nature mandamus, directing the respondents to release the retirement-cum-service benefits such as pension, gratuity, leave encashment, DA installments, arrears of revised pay scale of 01.01.2006 and all other benefits, along with interest for delayed period.

At the very outset, learned counsel for the petitioners submits that though legal notice dated 17.10.2017 (Annexure P-2) was served upon the respondents but till date no conscious decision has been taken. He further submits that petitioner feels satisfied in case direction is issued to respondent No.4 to decide aforesaid legal notice, within a stipulated period. 3.

The instant petition is disposed of with the direction to respondent No.4-Executive Officer, Municipal Council, Abohar, Fazilka to look into the Sonika 2017.12.22 14:08 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 29415 OF 2017 --2-- grievances unfolded by the petitioner in her legal notice dated 17.10.2017 (Annexure P-2) and to decide the same, within a period of three months from the date of receipt of certified copy of this order. If there is no impediment in the grant of benefits to the petitioner accrued on account of retirement, to release the same within next one month.

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.

However, if the petitioner still feels aggrieved against any of the order(s) passed by the concerned authority, she shall be at liberty to approach this Court.

DECEMBER 21, 2017 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2017.12.22 14:08 I attest to the accuracy and authenticity of this document Chandigarh