High Court of Punjab and HaryanaCWP/5765/2017disposed of

Bachna Ram v. State Of Haryana And ORS.

2020-01-21Ms. Justice Nirmaljit Kaur2 pages

CWP-5765-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5765-2017 Date of Decision: January 21, 2020 Bachna Ram .....Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Rajesh Bansal, Advocate for the petitioner.

Mr.Gaurav Jindal, Addl.AG, Haryana.

........

NIRMALJIT KAUR, J. (ORAL) Prayer in the present petition is for issuance of direction to the respondents that the entire length of service from the date petitioner subscribed towards C.P.Fund till the date of his retirement may be taken as qualifying service for pension, DCRG, other retiral benefits and other consequential benefits in view of provisions of Haryana Aided Schools (special Pension and Contributory Provident Fund) Rules, 2001, and Rule 5(1)(ii)- Qualifying Service in view of judgment passed by this Hon'ble Court in CWP No.18651 of 2014.

Reply has been filed. As per the reply, the entire benefits have been released to the petitioner in accordance with law. In view of the above, the present petition is disposed of as rendered infructuous.

Learned counsel for the petitioner, at this stage, submitted that MEENU 2020.01.22 10:43 I attest to the accuracy and authenticity of this document chandigarh

CWP-5765-2017 -2leave enchasment has still not been disbursed. However, there is no specific mention qua the leave encashment in the writ petition. Accordingly, in case the petitioner is entitled to the leave encashment, he may file a separate representation to the concerned authority. In case the same is filed within four weeks from today, the appropriate authority shall decide the same expeditiously and preferably within two months from the date of receipt of the said representation. It is further directed that if the petitioner is found entitled to the leave encashment, the same too shall be disbursed to him within one month thereafter. Otherwise, a speaking order be passed.

January 21, 2020 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2020.01.22 10:43 I attest to the accuracy and authenticity of this document chandigarh