High Court of Punjab and HaryanaCWP/33834/2019disposed of

Anita Sharma v. State Of Punjab And ORS

2019-11-21Mr. Justice Harsimran Singh Sethi2 pages

CWP-33834-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-33834-2019 Date of decision: - 21.11.2019 Anita Sharma ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Sham Lal Bhalla, Advocate for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) The claim in the present writ petition is for the grant of interest on the delayed release of the pensionary benefits. Learned counsel for the petitioner argues that the petitioner retired on 31.07.2017, but the pensionary benefits were released to him starting from November, 2017 onwards till March, 2018. Learned counsel for the petitioner further argues that as per the settled principle of law settled by a Full Bench of this Court in A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468, the retiral benefits are to be released within a period of two months from retirement in case there is no impediment and in case there is any delay in release of the same, employee will be entitled for compensation by grant of interest, therefore, the petitioner is entitled for interest on the delayed release of her pensionary benefits.

NARESH KUMAR 2019.12.05 18:23 I attest to the accuracy and integrity of this document Chandigarh

CWP-33834-2019 -2Learned counsel for the petitioner further states that for the relief, which has been sought in the present writ petition, petitioner has submitted a representation dated 30.10.2019 (Annexure P-3) with the respondents, which is still pending consideration and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said representation. 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 representation dated 30.10.2019 (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 her within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) November 21, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.12.05 18:23 I attest to the accuracy and integrity of this document Chandigarh