Jagmohan Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20825-2022 Date of decision : 16.10.2024 Jagmohan Singh .....Petitioner V/S State of Punjab and others ....Respondents CORAM :

HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. P.K. Goklaney, Advocate for the petitioner. Ms. Saguna Arora, A.A.G. Punjab.

Mr. D.S. Randhawa, Advocate for respondent No.4. **** NAMIT KUMAR , J. (ORAL) 1.

The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus, directing the respondents to release 100% pension and remaining pensionary benefits to the petitioner. 2.

On issuance of notice of motion, respondent No.4 has filed reply through Ram Parkash, Executing Officer, Municipal Council, Nawanshahar, District Shaheed Bhagat Singh Nagar, wherein it has been stated as under :- "5.

xx xx xx xx xx However, it is worth mentioning that 100% pension of the petitioner has been released in compliance of the Audit Department Letter No.166 dated 01.06.2023 and arrears of difference of pension from 90% to 100% have been deposited in the pension account of petitioner on 10.07.2023 with the Punjab National Bank, Nawanshahr, Vinod Kothiyal 2024.10.16 18:48 I attest to the accuracy and authenticity of this document

CWP-20825-2022 District Shaheed Bhagat Singh Nagar. That all the pensionary benefits like gratuity, leave-encashment etc. has been paid to the petitioner vide different cheques and the details of which are as under :- Cheque No.

Amount Date 617637 4,00,000/- 29.09.2017 477718 2,00,000/- 29.11.2017 215162 3,00,000/- 22.01.2018 215550 1,50,000/- 15.05.2018 477632 1,87,342/- 03.08.2018 372768 50,000/- 19.11.2018 161674 2,50,000/- 19.03.2019 xx xx xx xx xx"

3.

Learned counsel for respondent No.4 submits that since the pension of the petitioner has already been enhanced from 90% to 100% and arrears thereof has been released to the petitioner, therefore, the instant petition has been rendered infructuous. 4.

However, learned counsel for the petitioner submits that since there is a considerable delay in releasing the pensionary benefits to the petitioner, therefore, liberty may be given to the petitioner to file a representation before respondent No.4 for claiming interest thereupon. 5.

If any such representation is submitted by the petitioner within a period of 01 month from today, the same shall be considered and disposed of by respondent No.4 within a period of 03 months thereafter.

6.

Disposed of in the above terms.

16.10.2024 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Vinod Kothiyal 2024.10.16 18:48 I attest to the accuracy and authenticity of this document