High Court of Punjab and HaryanaCWP/28792/2018disposed of

Mahender v. State Of Haryana And ORS

2018-12-10Mr. Justice Arun Palli2 pages

CWP-28792-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-28792-2018 Date of decision: - 10.12.2018 Mahender ....Petitioner

Versus

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

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the claim of the petitioner is for the release of the retiral benefits except the payment of leave encashment which was already released.

It has been alleged in the petition that the petitioner retired from service on 30.06.2018 and hence, is entitled for release of the pensionary benefits.

Counsel for the petitioner states that there is no inquiry or any criminal case pending against the petitioner, which would entitle the respondent to withhold his pensionary benefits. Hence, the claim has been made for the release of the pensionary benefits along with interest. Counsel for the petitioner states that for the relief which has been sought in the present writ petition, the petitioner has served NARESH KUMAR 2018.12.14 11:30 I attest to the accuracy and integrity of this document Chandigarh

CWP-28792-2018 -2respondents with a legal notice on 05.09.2018 (Annexure P-3), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is given to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 05.09.2018 (Annexure P-4) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 10, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.14 11:30 I attest to the accuracy and integrity of this document Chandigarh