Ram Krishan v. State Of Punjab And ORS

CWP No.9193 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.9193 OF 2018 DECIDED ON: APRIL 18, 2018 RAM KRISHAN .....PETITIONER

VERSUS

STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Aman Dhir, Advocate, for the petitioner.

***** JASPAL SINGH, J. (Oral) By virtue of instant petition preferred under Articles 226/227 of the Constitution of India, petitioner has sought a writ in the nature of mandamus directing the respondents to release all pending retiral/pensionary benefits and dues (including gratuity, dearness allowance, GPF, leave encashment, medical allowance etc.) along with interest @18% p.a. on the delayed payment(s) thereof.

2.

Learned counsel for the petitioner has submitted that petitioner stood retired on attaining the age of superannuation on 29.02.2016 but till date all the retiral benefits have not been released to him. He further submits that neither any departmental inquiry nor any judicial proceeding is pending against the petitioner. Even, petitioner moved representation dated 07.12.2017 (P-2) but till date neither any reply to the said representation has been received nor any Sonika 2018.04.23 10:28 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.9193 OF 2018 --2-- conscious decision has been taken. He further submits that he feels satisfied in case a direction is issued to respondents to consider and decide the afore-said representation (P-2 ) within a stipulated period. 3.

Accordingly, instant petition is disposed of with a direction to respondents to look into the grievances unfolded by the petitioner in the representation (P-2) and to decide the same in accordance with law, rules, regulations and instructions issued by the Government from time to time within a period of two months from the date of receipt of certified copy of this order. In case the authority comes to the conclusion that petitioner is entitled to the relief claimed by him, to release the same within next one month. 4.

However, respondents are also directed to consider the case of the petitioner for the grant of interest in view of judgment passed by Full Bench of this Court in the case of "A.S Randhawa v. State of Punjab and others; 1997

(3) SCT 468 as well as Punjab Govt. Instructions No.1/15/90IFPIII/4226, dated 10.05.1990.

5.

However, if petitioner still feels aggrieved by any order of the aforesaid authority, he shall be at liberty to approach this Court. APRIL 18, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.04.23 10:28 I attest to the accuracy and authenticity of this document Chandigarh