High Court of Punjab and HaryanaCWP/9738/2016disposed of

Arun Kumar And ORS v. State Of Punjab And ORS

2016-05-18Mr. Justice A.B. Chaudhari2 pages

CWP No. 9738 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 9738 of 2016 Date of decision: 18.05.2016 Arun Kumar and others ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. Sunny Singla, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The petitioners seek the release of pension and other retiral dues and it is their case that they were superannuated as Fireman, Mali-cumChowkidar and Junior Technicians from Nagar Council, Sangrurrespondent no. 4. The dates of joining and the dates of retirement are given as under:- Sr. No. Name Date of Regular Date of Retirement Arun Kumar 09/07/79 30-11-2015 Joti Ram 01/04/76 31-08-2015 Jarnail Singh 25-09-1987 31-05-2015 It is the case of the petitioners that part payment of the retiral dues has been made as per the details given below:- Sr. No.

Name Gratuity Leave Encashment Dues on retirement Arun Kumar 8,66,151 5,24,940, 13,91,091 Joti Ram 5,49,252 3,32,880 8,82,132 Jarnail Singh 5,00,080 3,57,200 8,57,280 Received Payment Cheque No. & Amount Dated Total Dues/Balance Amount 1,50,000 (039422, Rs 1,00,000) 31-12-2015, 12,41,091 (038466, Rs. 50,000) 8-01-2016, SHIVANI GUPTA 2016.05.20 14:51 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 9738 of 2016 Received Payment Cheque No. & Amount Dated Total Dues/Balance Amount 1,73,349 1,00,000 15-09-2015 7,08,783 73,349 17-12-2015 2,00,000 2,00,000 31-05-2015 6,57,280 Accordingly, thereafter, balance amounts are still pending. Legal notice dated 02.02.2016 (Annexure P-2) had also been served upon the respondents but of no avail. Counsel further submits that he would be satisfied if the said legal notice is decided within a time bound frame. Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice on behalf of respondent nos. 1 to 3. Copy of the writ petition has been supplied to him 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 nos. 2 and 3 to ensure that action is taken by respondent no. 4 on legal notice dated 02.02.2016 (Annexure P-2) within a period of 2 months from the date of receipt of certified copy of the order. If there is no legal impediment, the same shall be paid to the petitioners 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 petitioners. 18.05.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.05.20 14:51 I attest to the accuracy and integrity of this document Chandigarh