High Court of Punjab and HaryanaCWP/31316/2019disposed of

Kiran Bala Sharma v. State Of Haryana And Others

2019-10-30Mr. Justice Harsimran Singh Sethi2 pages

CWP-31316-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-31316-2019 Date of decision: - 30.10.2019 Kiran Bala Sharma ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Shailendra Sharma, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner contends that petitioner attained the age of superannuation and retired on 30.04.2015 and despite the fact that more than 41⁄2 years has elapsed, no pensionary benefits, except the leave encashment has been released in her favour. Counsel for the petitioner further contends that action of respondents in not releasing the pensionary benefits of the petitioner is totally arbitrary and illegal as there are no proceedings, which were pending against the petitioner either before the department or before any other competent Court of Law, which would entitle the respondents to withhold the pensionary benefits. The prayer of the petitioner is for issuance of a direction to the respondents to immediately release all the pensionary benefits of the petitioner alongwith interest. NARESH KUMAR 2019.11.07 13:50 I attest to the accuracy and integrity of this document Chandigarh

CWP-31316-2019 -2Counsel 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 25.03.2018 (Annexure P-6), 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 25.03.2018 dated (Annexure P-6) 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 her within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) October 30, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.11.07 13:50 I attest to the accuracy and integrity of this document Chandigarh