High Court of Punjab and HaryanaCWP/24481/2019disposed of

Mehal Singh v. State Of Punjab And Others

2019-09-05Mr. Justice Harsimran Singh Sethi2 pages

CWP-24481-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24481-2019 Date of decision: - 05.09.2019 Mehal Singh ....Petitioner

Versus

The State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Peeush Gagneja, Advocate for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance of the petitioner is that though he has already superannuated from service on attaining the age of superannuation on 31.03.2016, but even after more than three years, no benefit for which he is entitled after retirement, has been extended to him on the ground that there was a dispute between the Punjab Water Supply and Sewerage Board, Ferozepur and the Municipal Council, Fazilka, as to who will pay the retiral benefits of the employees, who though were initially appointed with the Punjab Water Supply and Sewerage Board, Ferozepur, but later on absorbed with the Municipal Council, Fazilka.

Counsel for the petitioner argues that now the only dispute is with regard to the service period, which the petitioner had rendered with NARESH KUMAR 2019.09.10 16:36 I attest to the accuracy and integrity of this document Chandigarh

CWP-24481-2019 -2the Punjab Water Supply and Sewerage Board, Ferozepur. Counsel further argues that vide order dated 16.04.2019 (Annexure P-6) it has already been decided that it will be the Municipal Council, who will pay the benefits, but still even after an expiry of five months of the said decision, no benefit has been extended to the petitioner. Counsel for the petitioner prays that a direction be issued to Municipal Council, Fazilka for releasing the pensionary benefit of the petitioner keeping in view the order dated 16.04.2019 (P-6). Counsel further states that for the relief which has been sought in the present writ petition, petitioner has served the respondents with a legal notice dated 20.09.2018 (Annexure P-5), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 20.09.2018 (Annexure P-5) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) September 05, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.09.10 16:36 I attest to the accuracy and integrity of this document Chandigarh