Ajaib Singh And Others v. Pepsu Road Transport Corporation

CWP-38078-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-38078-2018 Date of decision: - 21.12.2018 Ajaib Singh and others ....Petitioners

Versus

Pepsu Road Transport Corporation .....Respondent CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Vikas Chatrath, Advocate for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioners are claiming the interest on the delayed release of the retiral benefits. In support of their claim, they are relying upon an order passed by this Court in CWP No.15306 of 2016 titled 'Hari Ram and others Vs. Pepsu Road Transport Corporation, decided on 04.09.2017.

As per the averments made in para 2 of the writ petiton, though the petitioners retired from service starting from the year 2005 onwards till 2017, the retiral benefit were released to them after an explained delay.

Counsel for the petitioners states that there was no valid justification with the respondents to withhold the amount and in view of the law laid down by this Court in the case mentioned above, the petitioners are entitled for the interest on the delayed payments. NARESH KUMAR 2018.12.24 17:59 I attest to the accuracy and integrity of this document Chandigarh

CWP-38078-2018 -2Notice of motion.

At this stage, Mr. Tarun Sharma, Advocate for Mr. Nitin Kaushal, accepts notice on behalf of the respondent. Counsel for the petitioners states that at this stage, the petitioners will be satisfied in case a direction is given to the respondents to decide the legal notice dated 01.09.2018 (Annexure P-1) keeping in view the law laid down by this Court in Hari Ram's case (supra). Counsel for the respondent has no objection for the grant of the relief as being prayed for by the counsel for the petitioners for disposal of the present writ petition.

In view of the above, without expressing any opinion on the merits of the case and the claim being made by the petitioners, the respondents are directed to decide the legal notice dated 01.09.2018 (Annexure P-1) 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 petitioners are entitled for any monetary benefit, the same shall also be released to them within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 21, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.24 17:59 I attest to the accuracy and integrity of this document Chandigarh