High Court of Punjab and HaryanaCWP/29362/2019disposed of

Janak Singh v. Punjab State Power Corporationd Ltd And Others

2019-10-14Mr. Justice Harsimran Singh Sethi2 pages

CWP-29362-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-29362-2019 Date of decision: - 14.10.2019 Janak Singh ....Petitioner

Versus

Punjab State Power Corporation Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Rajesh K. Dadwal, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner states that petitioner has already been retired by the respondents on 28.02.2018 by taking his date of birth as 20.02.1960, but all the benefits have not been released on the ground that there was another date of birth mentioned in the service book of the petitioner, which was 25.06.1962, hence matter is under consideration. Counsel for the petitioner argues that petitioner accepts his date of birth as 20.02.1960, according to which he has been retired. Counsel further argues that once the petitioner has retired, the respondents are under obligation to release all the pensionary benefits of the petitioner, which is not being done without any valid justification. The prayer of the petitioner in the present writ petition is for issuance of direction to the respondents to release all the pensionary NARESH KUMAR 2019.10.18 13:47 I attest to the accuracy and integrity of this document Chandigarh

CWP-29362-2019 -2benefits of the petitioner which are being withheld for the last 11⁄2 years after his retirement.

Counsel for the petitioner states that for the relief which has been sought in the present writ petition, petitioner has served the respondents with a legal notice dated 22.07.2019 (Annexure P-2), 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 22.07.2019 (Annexure P-2) 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 ) October 14, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.10.18 13:47 I attest to the accuracy and integrity of this document Chandigarh