Nirmal Singh And Others v. Pepsu Road Transport Corp. Patiala And Another

CWP No.18866 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.18866 of 2024 (O&M) Date of decision: 07.08.2024 Nirmal Singh and others ....Petitioners

Versus

The Pepsu Road Transport Corporation and another ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Ms. Anamika Sheoran, Advocate for Mr. Vikas Singh, Advocate for the petitioners. Mr. Rakesh Roy, Advocate for Mr. Abhilaksh Gaind, Advocate for the respondents. NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioners under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to pay interest @ 12% per annum on account of delay in payment of Gratuity, Leave Encashment, etc.

2.

Learned counsel for the petitioners submits that although all the retiral benefits of the petitioners were released, however, the same were released after a considerable delay and since the retiral benefits of the petitioners have been withheld without any justifiable reasons, therefore, they are entitled for interest on the delayed payment of retiral benefits in view of the law laid down by a Full Bench of this Court in A.S. Randhawa vs. State of Punjab and others : 1997(3) S.C.T. 468 and J.S. Cheema vs. State of Haryana : 2014(13) RCR (Civil) 355.

MOHD YAKUB 2024.08.07 18:46 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.18866 of 2024 (O&M) 3.

Learned counsel for the petitioners confines her prayer for deciding representation dated 22.05.2024 (Annexure P-7). She submits that at this stage, petitioners would be satisfied, if the said representation is decided by passing a speaking order within a time bound frame.

4.

Notice of motion.

5.

Mr. Rakesh Roy, Advocate for Mr. Abhilaksh Gaind, Advocate, accepts notice on behalf of the respondents and has no objection to the innocuous prayer made by learned counsel for the petitioners.

6.

I have heard learned counsel for the parties and have gone through the record of the case.

7.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.1 to decide representation dated 22.05.2024 (Annexure P-7), submitted by the petitioners expeditiously, by passing a speaking order, preferably within a period of 03 months from the date of receipt of certified copy of this order. Necessary benefits, if any, found due to the petitioners shall be released expeditiously preferably within a period of 04 weeks thereafter.

(NAMIT KUMAR) JUDGE 07.08.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.08.07 18:46 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh