Gayatri v. State Of Punjab And Another

CWP No.21345 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.21345 of 2024 (O&M) Date of decision: 30.08.2024 Gayatri ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Harshit Jain, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents directing the respondents to release the payment of gratuity of Rs.3,70,665/- along with interest to the petitioner, being the sole legal heir of deceased Raj Kumar (father of the petitioner).

2.

Learned counsel for the petitioner submits that the father of the petitioner, who was working as Safai Sewak in M.C. Sangrur, died on 27.05.2016 and only part payment of Rs.5,10,993/- on account of retiral dues have been released, however, a sum of Rs.3,70,665/- are still due. He further submits that the petitioner served a legal notice dated 06.08.2024 upon the respondents, however, no final decision on the same has been taken and the petitioner would be satisfied in case time bound directions are issued to respondent No.2 to consider and decide MOHD YAKUB 2024.08.30 18:23 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.21345 of 2024 (O&M) the said legal notice dated 06.08.2024 (Annexure P-4), by passing a speaking order.

3.

Notice of motion.

4.

Mr. Surya Kumar, AAG, Punjab, accepts notice on behalf of respondent No.1 and Mr. Parambir Singh, Advocate, has accepted notice on behalf of respondent No.2 and have no objection to the innocuous prayer made by learned counsel for the petitioner. 5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.2 to decide legal notice dated 06.08.2024 (Annexure P-4), submitted by the petitioner expeditiously, by passing a speaking order, preferably within a period of 03 months from the date of receipt of certified copy of this order. Necessary benefits, if any, found due to the petitioner shall be released expeditiously preferably within a period of 04 weeks thereafter. (NAMIT KUMAR) JUDGE 30.08.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.08.30 18:23 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh