High Court of Punjab and HaryanaCWP/32783/2019disposed of

Rakesh Kumar Singla v. Punjab State Water Resources Management And Development Corporation Limited

2019-11-14Mr. Justice Harsimran Singh Sethi2 pages

CWP-32783-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-32783-2019 Date of decision: - 14.11.2019 Rakesh Kumar Singla ....Petitioner

Versus

Punjab State Water Resources Management and Development Corporation Limited.

.....Respondent CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Satnam Singh Walia, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) The prayer of the petitioner in the present writ petition is that though he retired on 31.08.2018 on attaining the age of superannuation, but he has not been paid the gratuity for which he is entitled for keeping in view the fact that the maximum ceiling for gratuity was enhanced by the Government of India vide notification dated 29.03.2018 by fixing the upper ceiling at `20 lakhs. Further, the prayer of the petitioner is that release of his pensionary benefits were delayed by the respondents without any valid justification and the same were only released to him after a period of one year and two months, though, a Full Bench of this Court in A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468 has held that the pensionary benefits of an employee are to be NARESH KUMAR 2019.11.21 15:44 I attest to the accuracy and integrity of this document Chandigarh

CWP-32783-2019 -2released within a reasonable time and the reasonable time fixed is two months after the retirement and therefore, petitioner needs to be compensated for the delay in the release of the pensionary benefits by awarding the interest.

Counsel for the petitioner further states that for the relief, which has been sought in the present writ petition, petitioner has submitted the representations dated 22.02.2019, 12.02.2019 and 21.06.2019 (Annexures P-3 to P-5) respectively, which are 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 representations.

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 representations dated 22.02.2019, 12.02.2019 and 21.06.2019 (Annexures P-3 to P-5) respectively by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) November 14, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.11.21 15:44 I attest to the accuracy and integrity of this document Chandigarh