High Court of Punjab and HaryanaCWP/25934/2019disposed of

Vinod Kumar v. State Of Punjab And Others

2019-09-16Mr. Justice Harsimran Singh Sethi2 pages

CWP-25934-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-25934-2019 Date of decision: - 16.09.2019 Vinod Kumar ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. M.J.S. Bedi, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner argues that petitioner retired on attaining the age of superannuation on 31.01.2019 and after the retirement, all the benefits for which he was entitled, have not been released by the respondents without any valid justification. Counsel for the petitioner further argues that there were no proceedings pending against the petitioner either departmental or before any Competent Court of Law, which would entitle the respondents to withhold the pensionary benefits and after retirement, only a sum of `5 lakhs has been released so far and that too without giving any bifurcation as to under which head, the said amount has been released to the petitioner.

Counsel for the petitioner further argues that a direction be issued the respondents to release all the pensionary benefits of the NARESH KUMAR 2019.09.19 10:42 I attest to the accuracy and integrity of this document Chandigarh

CWP-25934-2019 -2petitioner forthwith including the full pension and also reimburse the medical bills, which he had already submitted with the respondents. Counsel for the petitioner 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 21.05.2019 (Annexure P-3), 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 21.05.2019 (Annexure P-3) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) September 16, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.09.19 10:42 I attest to the accuracy and integrity of this document Chandigarh