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High Court of Punjab and HaryanaCWP/6201/2017disposed of

S K Grover v. State Of Punjab Etc

2023-05-17Mr. Justice Anil Kshetarpal2 pages

2023:PHHC:071528 In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 6201 of 2017 Date of Decision: 17.05.2023 S.K.Grover ... Petitioner(s)

Versus

State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Jagdeep Singh Rana, Advocate for the petitioner(s).

Mr. D.K.Singal, Additional Advocate General, Punjab, for the respondents.

Anil Kshetarpal, J.

1.

On 15.05.2023, this Court has passed the following order:- "A new counsel has entered appearance on behalf of the petitioner.

Learned counsel representing the State submits that the writ petition has been rendered infructuous as on completion of the disciplinary proceedings, the amount of leave encashment as well as regular pension have already been released to the petitioner.

Learned counsel representing the petitioner prays for a short accommodation to get complete information. List on 17.05.2023, in the urgent list."

2.

The learned counsel representing the petitioner admits that the retiral benefits have been given, however, he submits that there was delay in DEEPAK KUMAR BHARDWAJ 2023.05.19 10:48 I attest to the accuracy and integrity of this document

2023:PHHC:071528 Civil Writ Petition No. 6201 of 2017 the release thereof for which the petitioner should be compensated with interest.

3.

Once the substantive relief has been granted, it would not be appropriate to keep the writ petition pending. Before awarding interest, the Court is required to examine as to "Whether there was any deliberate delay on the part of the government or not?" Hence, the petitioner, if so advised, may avail the alternative remedy.

4.

With the observations made above, the present writ petition is disposed of.

(Anil Kshetarpal) Judge May 17, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.05.19 10:48 I attest to the accuracy and integrity of this document